20130207 TZHC Dar es Salaam

20130207 TZHC Dar es Salaam

The court found that the 1st and 2nd defendants made malicious and injurious falsehoods against the plaintiff, which directly caused his removal from office and demotion. The statements were not privileged, and the plaintiff was entitled to both special and general damages for the harm suffered.

Citation
20130207 TZHC Dar es Salaam
Parties
Plaintiff: Emmanuel N. Olekambaine; 1st Defendant: MIC Tanzania Ltd; 2nd Defendant: Milcom; 3rd Defendant: Zanzibar Telecommunication Co. Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 February 2013
Procedural Posture
Civil / Final Judgment
Outcome
judgment for the plaintiff
Legal Topics
Injurious Falsehood, Defamation, Damages, Employment Demotion, Privilege of Statements
Source Language
English
Tort Employment Administrative Law Injurious Falsehood Defamation Damages Employment Demotion Privilege of Statements

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Parties

Emmanuel N. Olekambaine

Plaintiff

MIC Tanzania Ltd

1st Defendant

Milcom

2nd Defendant

Zanzibar Telecommunication Co. Ltd

3rd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the defendants made malicious and injurious falsehood statements against the plaintiff
  2. 2 Whether the statements caused the plaintiff's removal from his post
  3. 3 Whether the statements made by the defendants were privileged

Ratio Decidendi

The court found that the 1st and 2nd defendants made malicious and injurious falsehoods against the plaintiff, which directly caused his removal from office and demotion. The statements were not privileged, and the plaintiff was entitled to both special and general damages for the harm suffered.

Court Disposition

judgment for the plaintiff

Orders

  • Defendants to pay the plaintiff special damages of TZS 27,000,000
  • Defendants to pay the plaintiff general damages of TZS 50,000,000