20130226 TZHC Moshi

20130226 TZHC Moshi

There was no evidence that the appellant communicated the alleged defamatory words to any person other than the respondent; therefore, the essential element of publication was not established and the claim for defamation could not be maintained.

Citation
20130226 TZHC Moshi
Parties
Appellant: Victoria Emmanuel; Respondent: Dafrosa Michael
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 February 2013
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Defamation, Slander, Publication Requirement
Source Language
English
Tort Law Defamation Slander Publication Requirement

Case Brief

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Parties

Victoria Emmanuel

Appellant

Dafrosa Michael

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant uttered defamatory words in public or to a third party
  2. 2 Whether the respondent suffered damage as a result of the alleged defamation

Ratio Decidendi

There was no evidence that the appellant communicated the alleged defamatory words to any person other than the respondent; therefore, the essential element of publication was not established and the claim for defamation could not be maintained.

Court Disposition

appeal allowed

Orders

  • trial court decision set aside
  • costs awarded to appellant