20031020 TZCA Zanzibar

20031020 TZCA Zanzibar

The appellant failed to prove, on the balance of probabilities, that the respondent was the source of the defamatory publication. The trial judge correctly applied the law regarding burden of proof and admissibility of evidence. The appeal was dismissed and the respondent was entitled to costs.

Citation
20031020 TZCA Zanzibar
Parties
Appellant: Wolfango Dourado; Respondent: Tito Da Costa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 October 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed, cross-appeal allowed
Legal Topics
Defamation, Burden of Proof, Admissibility of Evidence, Costs
Source Language
English
Civil Law Tort Law Defamation Burden of Proof Admissibility of Evidence Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Wolfango Dourado

Appellant

Tito Da Costa

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent was the source of the defamatory publication
  2. 2 Whether the appellant discharged the burden of proof in a defamation claim
  3. 3 Whether the trial judge erred in the assessment of evidence and burden of proof

Ratio Decidendi

The appellant failed to prove, on the balance of probabilities, that the respondent was the source of the defamatory publication. The trial judge correctly applied the law regarding burden of proof and admissibility of evidence. The appeal was dismissed and the respondent was entitled to costs.

Court Disposition

appeal dismissed, cross-appeal allowed

Orders

  • Appeal dismissed with costs to the respondent
  • Cross-appeal allowed; respondent awarded costs in the High Court