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Mahakama ya Uingereza yamtaka Mengi kulipa Tsh 4.7bn/- ( £1.9m)

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Zak Malang, Aug 10, 2012.

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  1. Zak Malang

    Zak Malang JF-Expert Member

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    Tanzanian media owner faces £1.9 libel costs payment By Corporate Reporter Tanzanian media baron Reginald Mengi has been ordered by the High Court in London to pay a whooping Tsh4.7 billion which is nearly £1.9 million as security for a libel action he is taking against a British couple. Mengi, who is Chairman and CEO of IPP Media, a powerful Group of Newspaper, Television and Radio companies, is one of Tanzania’s leading information providers.

    He is suing British lawyer Sarah Hermitage for allegedly spearheading a deliberate campaign to damage his personal and business reputation. Mengi who also owns Bonite Brothers that markets the fizzy drink Coca Cola in Tanzania, filed a suit against Ms Hermitage arguing that in 2009 and 2010, she published on her website a series of defamatory allegations about him.

    Delivering his judgment, Mr Justice Tugendhat noted that Mr Mengi’s claim for his pre-action costs alone amounted to £298,245.07, and that his total costs of taking the case to trial are estimated at £1,240,183. Mr Mengi should provide further security for Sarah Hermitage’s legal costs, including provision for a success fee under the Conditional Fee Agreement, the Judge observed:- “All cases brought by foreign claimants from abroad engage the rights of the parties to access to the court. But where, as here, the right of freedom of expression is also engaged, it is all the more important that the parties should be on an equal footing in their ability to fund proper representation, so far as the court is able to achieve that.”

    Mengi is seeking damages and an injunction to halt the claims. Mr Mengi complains that Ms Hermitage published five articles on her website and two emails relating to events in Tanzania, from where she and her husband Stewart Middleton were forced to flee in 2008, abandoning their investment in a farm they had legally leased from Mengi’s younger brother Benjamin.

    In May 2004, Benjamin had assigned the lease to Silverdale & Mbono Farms (Hai District) to British investor Stewart Middleton in full compliance with the laws of Tanzania. In May 2005, Mengi demanded the lease back on the basis that he had not been paid in full despite, signing a full receipt. When Mr. Middleton refused, he and his Tanzanian staff were subjected to violence, harassment, imprisonment and intimidation based on accusations levelled by Benjamin Mengi and his wife Millie Mengi.

    In his writ, the Tanzanian media baron says Hermitage and Middleton claimed he had directed a campaign of ‘cowardly, deliberately inaccurate and abusive attacks’ on them, amounting to ‘journalistic terrorism’. He is seeking an injunction banning the repetition of the claims at the centre of Ms Hermitage’s legal battle as well as damages.

    Mr Mengi is being asked to pay this huge fee to make it possible for the defendant to be in a position to have her costs paid for in case the case went against the claimant. According to Judge Tugendhat, claimants who do not reside in the area of jurisdiction for their claims have to be asked to put up those sureties before the case can go on.

    t is not clear what Mr Mengi plans to do and there have since been silence from him as regards to his writ in the High Court in London. In his judgement, Mr Justice Tugendhat argues that a combination of two essential factors helped him reach his decision to ask for a surety from Mr Mengi.

    He said these were: (a) the element of corruption within the Tanzanian judiciary and (2) the importance of the claimant in his own country. He explained: “It is likely, and I emphasise likely in my judgement, that the status of the claimant would be used by those responsible in the courts of Tanzania for the registration and enforcement of an order for costs against him as a reason to hinder and delay such registration and enforcement.”

    The judge went on to add: “It is sufficient to find, and I do so find that [the defendant] would encounter considerable delay, considerable obstruction and considerable expense in terms of payment of her solicitor’s legal costs of enforcement in combating such delay and obstruction.” The judge then ordered Mr Mengi to pay £1,868,000 into court as security for costs in the libel proceedings against Ms Hermitage.


    Chanzo; Press Gazette - UK
     
  2. Maundumula

    Maundumula JF-Expert Member

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    Mimi sijaelewa labda naomba wanasheria watutafsirie
     
  3. Njowepo

    Njowepo JF-Expert Member

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    Full nquini
     
  4. Bigirita

    Bigirita JF-Expert Member

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    SHeria za Kikoloni hizo........kwamba huwezi kwenda kumfungulia kesi mtu wao hivihivi tu....lazima wakunyooshe ili ushindwe kufanya hivyo!!!
     
  5. Ufipa-Kinondoni

    Ufipa-Kinondoni JF-Expert Member

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    Nasoma sielewi inawezekana sijui wanacheleza.
     
  6. Zak Malang

    Zak Malang JF-Expert Member

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    Text ya thread imetengenezwa vizuri sasa.
     
  7. Crucial Man

    Crucial Man JF-Expert Member

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    Claimant ndio anaweka dhamana,ina maana akishindwa kesi, mlalamikiwa analipwa.du! Kaz kwel kwel.
     
  8. mtotowamjini

    mtotowamjini JF-Expert Member

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    ukimshtaki mtu mahakamani alafu ukashindwa kesi then wewe uliyeshindwa inabidi ulipe cost za uliyekua unamshtaki na pia kuna cost za mahakamani maana yeye ndio kaenda mahakamani kupeleka kesi. Sasa kwa kua Mengi yuko nje ya nchi wanataka hizo hela ziwepo kabisa UK incase akishindwa kesi aweze kumlipa mshtaki wake...otherwise anaweza kukimbia na mahakamani au mtuhumiwa asipate kitu
     
  9. kanga

    kanga JF-Expert Member

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    wathungu wanamlinda kijakazi wao,tena anaendelea kutukana mahakama zetu kuwa zimejaa rushwa.
     
  10. SMU

    SMU JF-Expert Member

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    Ni 47bn au 4.7bn?
     
  11. Z

    ZeMarcopolo JF-Expert Member

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    Haki duniani hununuliwa, masikini hana haki katika dunia ya capitalism!
     
  12. K

    KVM JF-Expert Member

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    Itakuwaje mshitakiwa akishindwa kesi na hana uwezo wa kulipa?
     
  13. Rejao

    Rejao JF-Expert Member

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    Bora aachane nayo tu!!
     
  14. bakuza

    bakuza JF-Expert Member

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    Duuuu...kweli wakoloni ni wakoloni tu ..
     
  15. P

    Pascal Mayalla JF-Expert Member

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    Hakuna cha ajabu hapo, hata Tanzania tulishatunga sheria hizo kwa kila kesi ya uchaguzi, mshtaki una deposit TZS. 5,000,000!.

    Mzee atashauriana na mawakili wake wakimhakikishia ushindi, ataideposit hiyo pesa ili kuwashikisha adabu wawekezaji uchwala na kujenga heshima ya Tanzania kuwa kuna Watanzania wanalinda heshima ya utu wetu!.

    Wazungu walimsingizia rais wetu kahongwa pea tatu za suti, ikulu wakakanusha na tukajinyamazia. Wakamsingizia anapewaga chumba cha short time pale Kempinski, tukakanusha na kujinyamazia!. "Silence means ni ukweli", sasa wanaosingiziwa ndio hawa sasa walishitaki!.
     
  16. Takalani Sesame

    Takalani Sesame JF-Expert Member

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    Wakati wenzetu wakiwa strict kuwalinda raia zao, sisi huku watawala wetu wako busy selling out their people!
     
  17. P

    Pascal Mayalla JF-Expert Member

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    Ataach mali na share zao kwenye Silvadale Case!. Hao wazungu nao wamefungua kesi Tanzania wakimdai Benjamin Mengi mabilioni!. Kwa vile tumeiga sheria zetu toka Uingereza, huu ni wakati wa sisi kuhuisha sheria hiyo ili kila foreigner akifungua shauri la madai, aweke deposit.
     
  18. M

    Mengo New Member

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    kwni hakuna rushwa kwenye mahakama zetu?
     
  19. s

    smp143 Member

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  20. Buchanan

    Buchanan JF Diamond Member

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    Title Edited!
     
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