itv independent television limited and 4 others vs devota kisoka 2023 tzhc 16888 28 april 2023

itv independent television limited and 4 others vs devota kisoka 2023 tzhc 16888 28 april 2023

The respondent failed to prove the alleged defamatory words were broadcasted by the appellants, and did not tender material evidence (CD); thus, the trial court's judgment and decree are quashed.

Source-derived case information.

Citation
itv independent television limited and 4 others vs devota kisoka 2023 tzhc 16888 28 april 2023
Parties
Appellant: ITV - Independent Television Limited; Appellant: East Africa Television; Appellant: The Editor ITV - Independent Television Limited; Appellant: The Editor East Africa Television; Appellant: Joyce Kiria; Respondent: Respondent (name not specified)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 April 2023
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Defamation, Burden of Proof, Evidence
Source Language
english
Tort Media Law Defamation Burden of Proof Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

ITV - Independent Television Limited

Appellant

East Africa Television

Appellant

The Editor ITV - Independent Television Limited

Appellant

The Editor East Africa Television

Appellant

Joyce Kiria

Appellant

Respondent (name not specified)

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent pleaded the verbatim words alleged to be defamatory
  2. 2 Whether the respondent proved her case to the required standard
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The respondent failed to prove the alleged defamatory words were broadcasted by the appellants, and did not tender material evidence (CD); thus, the trial court's judgment and decree are quashed.

Court Disposition

appeal allowed

Orders

  • judgment and decree of trial court quashed
  • each party to bear their own costs