20190215 TZHC Dar es Salaam

20190215 TZHC Dar es Salaam

The suit abates because defamation actions do not survive the death of the actual tortfeasor, and the law does not provide for continuation against joint tortfeasors in such cases.

Citation
20190215 TZHC Dar es Salaam
Parties
Plaintiff: Eng. Edwin A. Ngonyani; 1st Defendant: Josephat Isango; 2nd Defendant: The Editor, Mseto Newspaper; 3rd Defendant: Hali Halisi Publishers Ltd; 4th Defendant: Business Printers Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 February 2019
Procedural Posture
Civil / Ruling on Abatement Due to Death of Defendant
Outcome
suit abated
Legal Topics
Abatement of Suit, Joint Tortfeasors, Survival of Cause of Action
Source Language
English
Tort Defamation Abatement of Suit Joint Tortfeasors Survival of Cause of Action

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Parties

Eng. Edwin A. Ngonyani

Plaintiff

Josephat Isango

1st Defendant

The Editor, Mseto Newspaper

2nd Defendant

Hali Halisi Publishers Ltd

3rd Defendant

Business Printers Ltd

4th Defendant

Procedural Posture

Civil / Ruling on Abatement Due to Death of Defendant

Legal Issues

  1. 1 Does a defamation suit survive against joint tortfeasors upon the death of the actual tortfeasor?
  2. 2 Does section 9(1) of the Law Reforms (Fatal Accidents and Miscellaneous Provisions) Act bar continuation of the suit?

Ratio Decidendi

The suit abates because defamation actions do not survive the death of the actual tortfeasor, and the law does not provide for continuation against joint tortfeasors in such cases.

Court Disposition

suit abated

Orders

  • suit marked abated
  • no order as to costs