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Mengi wins 1.5bn/- damages in defamation case

Discussion in 'Habari na Hoja mchanganyiko' started by Msharika, Aug 25, 2009.

  1. M

    Msharika JF-Expert Member

    #1
    Aug 25, 2009
    Joined: May 15, 2009
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    Jamani heri sasa waumbuke na magazeti yao uchwara

    [​IMG]

    The High Court of Tanzania has ordered Changamoto newspaper to pay IPP Executive Chairman Reginald Mengi 1.5bn/- in general and punitive damages for writing, publishing, printing and circulating defamatory articles about him.

    The order forms part of the judgment delivered by Judge Geoffrey Shahidi, who said the defamatory articles were published in the paper’s Issue No. 132 of December 2008/January 2009.

    The court found and ruled that the articles in question contained falsehoods and distortions about a judgment of the High Court, according to a press statement issued in Dar es Salaam yesterday by Ngalo & Co. Advocates.

    It subsequently ordered the defendant to pay interest on both damages at 12 per cent from the date of the judgment till full and final payment was effected.

    The defendant was also ordered to pay the costs that Mengi incurred in instituting and prosecuting the case - with interest of 12 per cent from the date of judgment till full and final payment was effected.

    The court also ordered the defendant to retract the articles complained of, offer an apology and publish the retraction and apology in three consecutive issues of Changamoto.

    The defendant was further ordered to refrain from repeating the publication of such articles or making any publication concerning or touching Mengi without first consulting him.

    Mengi had filed eight cases against several newspapers, editors, journalists, correspondents, publishers and printers for writing, publishing, printing and circulating false and defamatory articles against him.

    One was Civil Case No. 35 of 2009. He sued Changamoto editor Erick Anthony and publishers Ladyband Company Limited.

    Mengi’s complaints were against two news stories published by the defendants on the front pages of Changamoto, one of which read, in part: “The government might lose 28bn/- including interest if it does not appeal against a civil case whose members advised on further meetings between the party and Reginald Mengi so that he could donate 30m/- for the transportation of a helicopter.”

    According to Mengi, the stories were false, misleading and defamatory against him and distorted the judgment of the High Court.

    The defendants did not file any defence to the case within the 21 days stated in the summons, while evidence showed that the summons was issued by the court and effectively served on the defendants and received by Jamilla Abdallah on their behalf.

    The summons required the defendants to file written statements of defence within 21 days of service. The court also required the defendants to appear in court on June 25 this year for mention of the case but they did not file an application for extension of time to file their defence on the case.

    When the case came up for mention on June 25, none of the defendants or their representative appeared in court. Consequently, the case was heard in their absence.

    The hearing started on July 21 this year with two witnesses, including Mengi and Joyce Luhanga.

    The court ruled that the publications made by the defendants were defamatory of Mengi and that the publications contained falsehoods and distortions against the High Court judgment in Civil Case No. 197/1993.

    It further found and ruled that the publication that associated Mengi with the opposition Chama cha Demokrasia na Maendeleo (Chadema) was malicious because Mengi was able to prove his case against it.


    SOURCE: THE GUARDIAN
     
  2. MwanaFalsafa1

    MwanaFalsafa1 JF-Expert Member

    #2
    Aug 26, 2009
    Joined: Feb 26, 2008
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    Rosemary Mirondo
    The High Court of Tanzania has ordered Changamoto newspaper to pay IPP Executive Chairman Reginald Mengi 1.5bn/- in general and punitive damages for writing, publishing, printing and circulating defamatory articles about him.
    The order forms part of the judgment delivered by Judge Geoffrey Shahidi, who said the defamatory articles were published in the paper’s Issue No. 132 of December 2008/January 2009.
    The court found and ruled that the articles in question contained falsehoods and distortions about a judgment of the High Court, according to a press statement issued in Dar es Salaam yesterday by Ngalo & Co. Advocates.
    It subsequently ordered the defendant to pay interest on both damages at 12 per cent from the date of the judgment till full and final payment was effected.
    The defendant was also ordered to pay the costs that Mengi incurred in instituting and prosecuting the case - with interest of 12 per cent from the date of judgment till full and final payment was effected.
    The court also ordered the defendant to retract the articles complained of, offer an apology and publish the retraction and apology in three consecutive issues of Changamoto.
    The defendant was further ordered to refrain from repeating the publication of such articles or making any publication concerning or touching Mengi without first consulting him.
    Mengi had filed eight cases against several newspapers, editors, journalists, correspondents, publishers and printers for writing, publishing, printing and circulating false and defamatory articles against him.
    One was Civil Case No. 35 of 2009. He sued Changamoto editor Erick Anthony and publishers Ladyband Company Limited.
    Mengi’s complaints were against two news stories published by the defendants on the front pages of Changamoto, one of which read, in part: “The government might lose 28bn/- including interest if it does not appeal against a civil case whose members advised on further meetings between the party and Reginald Mengi so that he could donate 30m/- for the transportation of a helicopter.”
    According to Mengi, the stories were false, misleading and defamatory against him and distorted the judgment of the High Court.
    The defendants did not file any defence to the case within the 21 days stated in the summons, while evidence showed that the summons was issued by the court and effectively served on the defendants and received by Jamilla Abdallah on their behalf.
    The summons required the defendants to file written statements of defence within 21 days of service. The court also required the defendants to appear in court on June 25 this year for mention of the case but they did not file an application for extension of time to file their defence on the case.
    When the case came up for mention on June 25, none of the defendants or their representative appeared in court. Consequently, the case was heard in their absence.
    The hearing started on July 21 this year with two witnesses, including Mengi and Joyce Luhanga.
    The court ruled that the publications made by the defendants were defamatory of Mengi and that the publications contained falsehoods and distortions against the High Court judgment in Civil Case No. 197/1993.
    It further found and ruled that the publication that associated Mengi with the opposition Chama cha Demokrasia na Maendeleo (Chadema) was malicious because Mengi was able to prove his case against it.
    THE GUARDIAN
     
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