20130710 TZCA Dar es Salaam 1

The statements made by the 1st appellant were slanderous per se as they imputed criminal conduct to the respondent without proof. The defences of justification and qualified privilege failed as there was no substantiation. The damages awarded by the trial court were manifestly excessive given the limited publication and circumstances; thus, the award was reduced to a reasonable sum.

Citation: 20130710 TZCA Dar es Salaam 1
Parties: Appellant: Padre Adreano; Appellant: The Registered Trustees of Diocese of Kigoma; Respondent: Jamal A. Tamim
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 10 July 2013
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal partially allowed
Legal Topics: Defamation, Slander, Damages, Privilege, Justification
Source Language: English

Tort Law Defamation Slander Damages Privilege Justification

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Parties

Padre Adreano

Appellant

The Registered Trustees of Diocese of Kigoma

Appellant

Jamal A. Tamim

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the statements made by the 1st appellant constituted actionable slander per se
2 Whether the defences of justification or qualified privilege applied
3 Whether the quantum of general damages awarded was appropriate

Ratio Decidendi

Court Disposition

appeal partially allowed

Orders

General damages reduced from Tshs. 330,000,000 to Tshs. 18,000,000 against the 1st appellant only
Costs awarded to the respondent