20150930 TZHC Dar es Salaam

The court found that Pastor Msangi, acting under the 1st defendant's instructions, made a defamatory announcement before the congregation that the plaintiff had impregnated the 2nd defendant. This announcement was unnecessary, caused significant injury to the plaintiff's reputation, and entitled him to damages and an apology.

Citation: 20150930 TZHC Dar es Salaam
Parties: Plaintiff: Luhigiko Kibiki; 1st Defendant: The Secretary General Evangelical Lutheran Church in Tanzania, Eastern & Coastal Diocese; 2nd Defendant: Debora Msemwa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 September 2015
Procedural Posture: Civil / Judgment
Outcome: judgment for the plaintiff
Legal Topics: Slander, Damages, Reputation, Church Employment
Source Language: English

Tort Defamation Slander Damages Reputation Church Employment

Case Brief

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Parties

Luhigiko Kibiki

Plaintiff

The Secretary General Evangelical Lutheran Church in Tanzania, Eastern & Coastal Diocese

1st Defendant

Debora Msemwa

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the 1st defendant instructed Pastor H. Msangi to utter the alleged statement on 25/12/2008
2 Whether Pastor H. Msangi and 2nd defendant uttered any statements on 25/12/2008 that are defamatory of the plaintiff
3 Whether the plaintiff has suffered any injury entitling him to damages and to what extent

Ratio Decidendi

Court Disposition

judgment for the plaintiff

Orders

1st defendant to pay Tshs 20,000,000 as general damages to the plaintiff
1st defendant to pay interest on the decretal sum at 12% per annum from the date of filing the suit to full satisfaction