gerald jordan vs er mwakassala 2013 tzhc 2250 23 december 2013

gerald jordan vs er mwakassala 2013 tzhc 2250 23 december 2013

The court found that the words used by the defendant were defamatory and that the plaintiff in the counter-claim was unlawfully detained for 45 minutes, entitling him to general damages, though not to the excessive amount claimed.

Citation
gerald jordan vs er mwakassala 2013 tzhc 2250 23 december 2013
Parties
Plaintiff/defendant in Counter Claim: Gerald Jordan; Defendant/plaintiff in Counter Claim: E.R. Mwakassala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 December 2013
Procedural Posture
Civil / Ex Parte Judgment on Counter Claim
Outcome
judgment for plaintiff in counter-claim
Legal Topics
Defamation, False Imprisonment, General Damages, Counter Claim
Source Language
English
Tort Defamation False Imprisonment General Damages Counter Claim

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Parties

Gerald Jordan

Plaintiff/defendant in Counter Claim

E.R. Mwakassala

Defendant/plaintiff in Counter Claim

Procedural Posture

Civil / Ex Parte Judgment on Counter Claim

Legal Issues

  1. 1 Whether the defendant used abusive and derogatory language to the plaintiff in the counter-claim
  2. 2 Whether the defendant locked up the plaintiff in the counter-claim in the store for 45 minutes while executing a court order

Ratio Decidendi

The court found that the words used by the defendant were defamatory and that the plaintiff in the counter-claim was unlawfully detained for 45 minutes, entitling him to general damages, though not to the excessive amount claimed.

Court Disposition

judgment for plaintiff in counter-claim

Orders

  • Plaintiff in counter-claim awarded general damages of Tshs. 25,000,000
  • Defendant to pay costs