19760625 TZHC Mwanza
Calling the plaintiff a thief was an imputation of a criminal offence, making the slander actionable per se without proof of actual damage. The District Court erred in requiring proof of damage.
- Citation
- 19760625 TZHC Mwanza
- Parties
- Appellant: Simon Siliohyo; Respondent: Sutt Pust-ioo Ellpt
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 June 1976
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal allowed
- Legal Topics
- Defamation, Slander, Damages
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 1
Parties
Simon Siliohyo
Appellant
Sutt Pust-ioo Ellpt
Respondent
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the utterance calling the plaintiff a thief constituted actionable slander per se
- 2 Whether proof of actual damage was required for the plaintiff to recover damages
Ratio Decidendi
Calling the plaintiff a thief was an imputation of a criminal offence, making the slander actionable per se without proof of actual damage. The District Court erred in requiring proof of damage.
Court Disposition
appeal allowed
Orders
- Judgment and orders of the District Court set aside
- Judgment of the Primary Court restored with variation
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment