iddi mohamed simba vs the editor mtanzania newspaper another 2015 tzhc 2028 14 december 2015

iddi mohamed simba vs the editor mtanzania newspaper another 2015 tzhc 2028 14 december 2015

The High Court has jurisdiction to entertain defamation suits based on libel even where only general damages are claimed and no special damages are pleaded, as an exception to the general rule. The preliminary objection is overruled.

Citation
iddi mohamed simba vs the editor mtanzania newspaper another 2015 tzhc 2028 14 december 2015
Parties
Plaintiff: Iddi Mohamed Simba; 1st Defendant: The Editor, Mtanzania Newspaper; 2nd Defendant: New Habari (2006) Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2015
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary Objection overruled
Legal Topics
Jurisdiction, Defamation (libel), Pleadings, Damages
Source Language
English
Civil Procedure Defamation Jurisdiction Defamation (libel) Pleadings Damages

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Parties

Iddi Mohamed Simba

Plaintiff

The Editor, Mtanzania Newspaper

1st Defendant

New Habari (2006) Limited

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain the defamation suit based on libel where general damages are claimed and no special damages are pleaded
  2. 2 Whether the suit should have been filed in a court of lower grade

Ratio Decidendi

The High Court has jurisdiction to entertain defamation suits based on libel even where only general damages are claimed and no special damages are pleaded, as an exception to the general rule. The preliminary objection is overruled.

Court Disposition

Preliminary Objection overruled

Orders

  • No order as to costs