hamza byarushengo vs fulgencia manya others 2022 tzca 207 14 april 2022

hamza byarushengo vs fulgencia manya others 2022 tzca 207 14 april 2022

The appellant failed to plead and prove the exact defamatory words as required by law, did not produce the sound recording as material evidence, and thus did not discharge the burden of proof on the balance of probabilities. The trial was not procedurally flawed as parties consented to judge succession and exhibits were sufficiently endorsed. The appeal lacked merit and was dismissed.

Citation
hamza byarushengo vs fulgencia manya others 2022 tzca 207 14 april 2022
Parties
Appellant: Hamza Byarushengo; 1st Respondent: Fulgencia Manya; 2nd Respondent: Gaudence Hyera; 3rd Respondent: Edither Mayemba; 4th Respondent: Tumaini Radio Station; 5th Respondent: The Registered Trustees of the Archdiocese of Dar-es-Salaam
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 April 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Defamation, Libel, Burden of Proof, Civil Procedure, Qualified Privilege
Source Language
English
Tort Media Law Defamation Libel Burden of Proof Civil Procedure Qualified Privilege

Case Brief

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Parties

Hamza Byarushengo

Appellant

Fulgencia Manya

1st Respondent

Gaudence Hyera

2nd Respondent

Edither Mayemba

3rd Respondent

Tumaini Radio Station

4th Respondent

The Registered Trustees of the Archdiocese of Dar-es-Salaam

5th Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was defamed by the respondents through broadcasted statements
  2. 2 Whether the appellant sufficiently pleaded and proved the alleged defamatory words
  3. 3 Whether the trial was procedurally flawed due to succession of judges and non-endorsement of exhibits

Ratio Decidendi

The appellant failed to plead and prove the exact defamatory words as required by law, did not produce the sound recording as material evidence, and thus did not discharge the burden of proof on the balance of probabilities. The trial was not procedurally flawed as parties consented to judge succession and exhibits were sufficiently endorsed. The appeal lacked merit and was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.