mericky samson mangula and another vs samwel amani makundi and another 2023 tzhc 16750 17 march 2023

mericky samson mangula and another vs samwel amani makundi and another 2023 tzhc 16750 17 march 2023

The publication complained of was made pursuant to a tribunal order in the course of judicial proceedings and is therefore absolutely privileged under Section 38(1)(e) of the Media Services Act, 2016. The High Court lacks jurisdiction to entertain the suit.

Citation
mericky samson mangula and another vs samwel amani makundi and another 2023 tzhc 16750 17 march 2023
Parties
Plaintiff: Mericky Samson Mangula; Plaintiff: Janeth Gervas Mgonela; Defendant: Samwel Amani Makundi; Defendant: Josephat Daud Kalwera
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 March 2023
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
suit dismissed for lack of jurisdiction
Legal Topics
Defamation, Absolute Privilege, Jurisdiction, Preliminary Objection
Source Language
English
Media Law Tort Law Civil Procedure Defamation Absolute Privilege Jurisdiction Preliminary Objection

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Parties

Mericky Samson Mangula

Plaintiff

Janeth Gervas Mgonela

Plaintiff

Samwel Amani Makundi

Defendant

Josephat Daud Kalwera

Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction over a defamation claim arising from a publication made pursuant to a tribunal order
  2. 2 Whether the publication is absolutely privileged under Section 38(1)(e) of the Media Services Act, 2016

Ratio Decidendi

The publication complained of was made pursuant to a tribunal order in the course of judicial proceedings and is therefore absolutely privileged under Section 38(1)(e) of the Media Services Act, 2016. The High Court lacks jurisdiction to entertain the suit.

Court Disposition

suit dismissed for lack of jurisdiction

Orders

  • suit dismissed