hamza abed and 2 others vs sheikh nurdin hussein and 2 others 1987 tzca 22 18 december 1987

hamza abed and 2 others vs sheikh nurdin hussein and 2 others 1987 tzca 22 18 december 1987

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

Citation
hamza abed and 2 others vs sheikh nurdin hussein and 2 others 1987 tzca 22 18 december 1987
Parties
Appellant: Hamza Abed; Appellant: Abdu Athmani; Appellant: Rashid Mwichande; Respondent: Sheikh Nurdin 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
Source Language
English
Defamation Civil Procedure Qualified Privilege Malice Racial Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Hamza Abed

Appellant

Abdu Athmani

Appellant

Rashid Mwichande

Appellant

Sheikh Nurdin 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 appellants constituted defamation against respondents
  2. 2 Whether qualified privilege applies to the communications
  3. 3 Whether malice negates qualified privilege

Ratio Decidendi

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

Court Disposition

appeal dismissed (minority opinion)

Orders

  • Costs awarded against appellants as in High Court