rajabu mikidadi mwilima mfakwenda vs the editor hoja newspaper others 2011 tzhc 2062 31 october 2011

rajabu mikidadi mwilima mfakwenda vs the editor hoja newspaper others 2011 tzhc 2062 31 october 2011

The plaintiff complied with the ninety day statutory notice requirement, the plaint discloses a cause of action, the amendment of the plaint was done with leave of the court and without objection, and the plaint is not frivolous. All grounds of preliminary objection are dismissed.

Citation
rajabu mikidadi mwilima mfakwenda vs the editor hoja newspaper others 2011 tzhc 2062 31 october 2011
Parties
Plaintiff: Rajabu Mikidadi Mwilima Mfakwenda; 1st Defendant: The Editor Hoja Newspaper; 2nd Defendant: Songoro Mnyonge; 3rd Defendant: The Minister of Home Affairs; 4th Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 October 2011
Procedural Posture
Civil / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Preliminary Objection, Statutory Notice, Cause of Action, Amendment of Pleadings, Frivolous Pleadings
Source Language
English
Civil Procedure Defamation Government Liability Preliminary Objection Statutory Notice Cause of Action Amendment of Pleadings Frivolous Pleadings

Case Brief

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Parties

Rajabu Mikidadi Mwilima Mfakwenda

Plaintiff

The Editor Hoja Newspaper

1st Defendant

Songoro Mnyonge

2nd Defendant

The Minister of Home Affairs

3rd Defendant

The Attorney General

4th Defendant

Procedural Posture

Civil / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the plaintiff failed to provide a ninety day statutory notice of intention to sue the Government
  2. 2 Whether the plaintiff has a cause of action against the defendants
  3. 3 Whether the plaintiff improperly amended the plaint after reading the written statement of defence

Ratio Decidendi

The plaintiff complied with the ninety day statutory notice requirement, the plaint discloses a cause of action, the amendment of the plaint was done with leave of the court and without objection, and the plaint is not frivolous. All grounds of preliminary objection are dismissed.

Court Disposition

preliminary objection dismissed

Orders

  • The preliminary objection is dismissed.
  • The 1st and 2nd defendants shall pay the costs.