20070208 TZHC Mbeya

20070208 TZHC Mbeya

The plaint, when read in its entirety, sufficiently establishes a cause of action against the 1st Defendant for defamation, as it avers the authorship and publication of the defamatory statements and their impact on the plaintiff.

Citation
20070208 TZHC Mbeya
Parties
Plaintiff: Martin Nashokigwa; 1st Defendant: Marcus Mdemu; 2nd Defendant: The Editor Nipashe Newspaper; 3rd Defendant: The Managing Director The Guardian Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 February 2007
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Defamation, Cause of Action, Joint and Several Liability
Source Language
English
Tort Law Media Law Defamation Cause of Action Joint and Several Liability

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Parties

Martin Nashokigwa

Plaintiff

Marcus Mdemu

1st Defendant

The Editor Nipashe Newspaper

2nd Defendant

The Managing Director The Guardian Limited

3rd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaint discloses a cause of action against the 1st Defendant in defamation

Ratio Decidendi

The plaint, when read in its entirety, sufficiently establishes a cause of action against the 1st Defendant for defamation, as it avers the authorship and publication of the defamatory statements and their impact on the plaintiff.

Court Disposition

Preliminary objection dismissed

Orders

  • Costs to follow the event
  • Mention date set for 19/4/2007