20100210 TZHC Dar es Salaam 1

20100210 TZHC Dar es Salaam 1

The ruling by Kyaruzi-RM was res judicata as the issues had already been conclusively and substantially determined by Msumi-RM, a magistrate of concurrent jurisdiction. The defamation suit survived the death of the plaintiff under section 9(3) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act Cap...

Source-derived case information.

Citation
20100210 TZHC Dar es Salaam 1
Parties
Appellant: Margreth Josephat; Respondent: The Editor, Majira Newspaper; Respondent: Business Times Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 February 2010
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Defamation, Survival of Actions, Res Judicata, Joinder of Parties, Limitation of Actions
Source Language
english
Civil Procedure Tort Defamation Survival of Actions Res Judicata Joinder of Parties Limitation of Actions

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Parties

Margreth Josephat

Appellant

The Editor, Majira Newspaper

Respondent

Business Times Limited

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the ruling by Kyaruzi-RM was res judicata in light of the earlier ruling by Msumi-RM
  2. 2 Whether the defamation suit survived the death of the original plaintiff Josephat Rugaimukamu
  3. 3 Whether the application to join Margreth Josephat as legal representative was time barred

Ratio Decidendi

The ruling by Kyaruzi-RM was res judicata as the issues had already been conclusively and substantially determined by Msumi-RM, a magistrate of concurrent jurisdiction. The defamation suit survived the death of the plaintiff under section 9(3) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act Cap 310, and the appellant was not time barred from being joined as legal representative.

Court Disposition

appeal allowed

Orders

  • Proceedings and rulings by Kyaruzi-RM quashed and set aside
  • Case file remitted to District Court Morogoro to be tried by another magistrate with competent jurisdiction