19960328 TZHC Tabora

19960328 TZHC Tabora

The respondent had no cause of action against the appellants because only the author of the allegedly defamatory letter could be liable for publication; the omission to plead specific defamatory words was not fatal due to the annexure, but the proper defendant was not sued.

Citation
19960328 TZHC Tabora
Parties
Respondent: Helen Gwaded; Appellant: Leon Tumbe Brutt
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 March 1996
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Defamation, Pleadings, Publication, Damages
Source Language
English
Tort Law Civil Procedure Defamation Pleadings Publication Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Helen Gwaded

Respondent

Leon Tumbe Brutt

Appellant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the plaint disclosed a cause of action for defamation
  2. 2 Whether the omission to plead specific defamatory words was fatal
  3. 3 Whether publication was established

Ratio Decidendi

The respondent had no cause of action against the appellants because only the author of the allegedly defamatory letter could be liable for publication; the omission to plead specific defamatory words was not fatal due to the annexure, but the proper defendant was not sued.

Court Disposition

appeal allowed

Orders

  • Judgment for respondent set aside
  • Costs to be taxed by District Registrar