20151214 TZHC Dar es Salaam

20151214 TZHC Dar es Salaam

In libel-based defamation cases, the High Court is properly seized of jurisdiction even where only general damages are pleaded, by virtue of the Newspapers Act and the common law position. The preliminary objection that the suit should have been filed in a lower court is overruled.

Citation
20151214 TZHC Dar es Salaam
Parties
Plaintiff: Idoi 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
Defamation, Jurisdiction, Pleadings, Damages
Source Language
English
Civil Procedure Media Law Tort Law Defamation Jurisdiction Pleadings Damages

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Parties

Idoi 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 suit for defamation based on libel where only general damages are pleaded
  2. 2 Whether the suit should have been filed in a court of lower grade

Ratio Decidendi

In libel-based defamation cases, the High Court is properly seized of jurisdiction even where only general damages are pleaded, by virtue of the Newspapers Act and the common law position. The preliminary objection that the suit should have been filed in a lower court is overruled.

Court Disposition

Preliminary Objection overruled

Orders

  • No order as to costs