20130626 TZHC Dar es Salaam

The cause of action is justiceable as it pertains to defamation, not religious matters, and the High Court has jurisdiction because the claim is not based on a money claim but on defamation.

Citation: 20130626 TZHC Dar es Salaam
Parties: Plaintiff: Mr. 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: 26 June 2013
Procedural Posture: Civil / Ruling on Preliminary Objection
Outcome: preliminary objection dismissed
Legal Topics: Preliminary Objection, Jurisdiction, Defamation, Constitutional Interpretation
Source Language: English

Civil Procedure Defamation Preliminary Objection Jurisdiction Constitutional Interpretation

Case Brief

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Parties

Mr. Luhigiko Kibiki

Plaintiff

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

1st Defendant

Debora Msemwa

2nd Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

1 Whether the cause of action is justiceable in Tanzanian courts under Article 19(2) of the Constitution
2 Whether the High Court has pecuniary jurisdiction to hear and determine the suit

Ratio Decidendi

The cause of action is justiceable as it pertains to defamation, not religious matters, and the High Court has jurisdiction because the claim is not based on a money claim but on defamation.

Court Disposition

preliminary objection dismissed

Orders

Proceedings to continue from where they stopped
Costs in the main cause