20170209 TZHC Dar es Salaam

20170209 TZHC Dar es Salaam

The High Court has jurisdiction to try defamation cases even where only general damages are claimed, as special damages need not be pleaded in libel actions. However, in the interest of justice and considering the plaintiff's residence and the nature of the allegations, the matter is more appropriately tried by the court of lowest grade competent to try the suit. The preliminary objection on jurisdiction is overruled, but the suit is transferred to the Resident Magistrates' Court of Dar es Salaam at Kisutu.

Citation
20170209 TZHC Dar es Salaam
Parties
Plaintiff: Devotha Mathew Minja; 1st Defendant: Global Publishers Corporation Limited; 2nd Defendant: Executive Editor Risasi 'Mchanganyiko' Newspaper; 3rd Defendant: Flint Graphics Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 February 2017
Procedural Posture
Civil / Ruling on Preliminary Objections
Outcome
Suit transferred to Resident Magistrates' Court; preliminary objection on jurisdiction overruled; parties to bear own costs.
Legal Topics
Jurisdiction, Pecuniary Jurisdiction, Defamation by Innuendo, Amendment of Pleadings, Parties to Suit
Source Language
English
Civil Procedure Defamation Jurisdiction Pecuniary Jurisdiction Defamation by Innuendo Amendment of Pleadings Parties to Suit

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Parties

Devotha Mathew Minja

Plaintiff

Global Publishers Corporation Limited

1st Defendant

Executive Editor Risasi 'Mchanganyiko' Newspaper

2nd Defendant

Flint Graphics Limited

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the High Court has original jurisdiction to entertain the suit based on pecuniary value and nature of damages claimed
  2. 2 Whether the suit discloses a cause of action against the defendants
  3. 3 Whether the suit was filed against non-existing entities and by a law firm instead of an individual advocate

Ratio Decidendi

The High Court has jurisdiction to try defamation cases even where only general damages are claimed, as special damages need not be pleaded in libel actions. However, in the interest of justice and considering the plaintiff's residence and the nature of the allegations, the matter is more appropriately tried by the court of lowest grade competent to try the suit. The preliminary objection on jurisdiction is overruled, but the suit is transferred to the Resident Magistrates' Court of Dar es Salaam at Kisutu.

Court Disposition

Suit transferred to Resident Magistrates' Court; preliminary objection on jurisdiction overruled; parties to bear own costs.

Orders

  • The matter is transferred to the Resident Magistrates' Court of Dar es Salaam at Kisutu under sections 95 and 21(1)(a) of the Civil Procedure Code.
  • Plaintiff has liberty to withdraw and re-file in any other court of equal grade and competency in Morogoro Region.