20031204 TZCA Dar es Salaam

20031204 TZCA Dar es Salaam

The appellant's spoken words were slanderous, untrue, referred to the respondent, and imputed a criminal offence, making them actionable per se. The defence of fair comment failed as the appellant did not verify the facts. The damages awarded by the trial court were excessive given the limited circulation and minimal injury to reputation, and were reduced accordingly.

Citation
20031204 TZCA Dar es Salaam
Parties
Appellant: Prof. Ibrahim H. Lipumba; Respondent: Zuberi Juma Mzee
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 December 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal partially allowed
Legal Topics
Slander, Damages, Fair Comment, Public Interest, Assessment of Damages
Source Language
English
Tort Defamation Slander Damages Fair Comment Public Interest Assessment of Damages

Case Brief

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Parties

Prof. Ibrahim H. Lipumba

Appellant

Zuberi Juma Mzee

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the words spoken by the appellant constituted actionable slander per se
  2. 2 Whether the defence of fair comment on a matter of public interest was available to the appellant
  3. 3 Whether the quantum of damages awarded by the trial court was excessive

Ratio Decidendi

The appellant's spoken words were slanderous, untrue, referred to the respondent, and imputed a criminal offence, making them actionable per se. The defence of fair comment failed as the appellant did not verify the facts. The damages awarded by the trial court were excessive given the limited circulation and minimal injury to reputation, and were reduced accordingly.

Court Disposition

appeal partially allowed

Orders

  • Award of general damages reduced from Shs. 30 million to Shs. 10 million against the appellant
  • Appeal otherwise dismissed with costs