hamza abed others vs sheikh nurdin hussein others 1987 tzca 63 18 december 1987

hamza abed others vs sheikh nurdin hussein others 1987 tzca 63 18 december 1987

Malice was evident in the appellants' communications, negating qualified privilege and establishing defamation against the respondents.

Citation
hamza abed others vs sheikh nurdin hussein others 1987 tzca 63 18 december 1987
Parties
Appellant: Hamza Abed; Appellant: Abdu Athdmani; Appellant: Rashid Iwichande; Respondent: Sheikh Ntfdin Hussein; Respondent: Sheikh Hashim H. Abdallah; Respondent: Sheikh Abdurahaman Shamte
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 December 1987
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed (minority opinion)
Legal Topics
Qualified Privilege, Malice, Racial Discrimination, Religious Disputes
Source Language
English
Defamation Civil Procedure Qualified Privilege Malice Racial Discrimination Religious Disputes

Case Brief

Summary, issues, holding and outcome

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Parties

Hamza Abed

Appellant

Abdu Athdmani

Appellant

Rashid Iwichande

Appellant

Sheikh Ntfdin Hussein

Respondent

Sheikh Hashim H. Abdallah

Respondent

Sheikh Abdurahaman Shamte

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the letters written by the appellants constituted defamation against the respondents
  2. 2 Whether qualified privilege applies to the appellants' communications
  3. 3 Whether malice was present in the appellants' actions

Ratio Decidendi

Malice was evident in the appellants' communications, negating qualified privilege and establishing defamation against the respondents.

Court Disposition

appeal dismissed (minority opinion)

Orders

  • Defamation established against appellants
  • Costs awarded against appellants as in High Court