Judegment Day At The High Court London

Judegment Day At The High Court London
Mengi v Hermitage: Libel Claim Successfully Defended

Tuesday 2 November 2010

Corrupt defamation claim drawn by Dar es Salaam advocates A.L. Nguma and P.M. Matumula of Munga Advocates against British investors of behalf of Benjamin Mengi, dismissed by High Court

Defamation proceedings filed by Dar es Salaam Advocates A.L. Nguma and Co and P.M. Matumula of Munga Advocates, Dar es Salaam against British investors Stewart Middleton, Sarah Hermitage and Tanzanian national Mr. Paul Deodat Mtenga were dismissed this week by the Moshi High Court.

The claim seeking $1,000,000 each from each of the defendants was based on  statements made in affidavits filed in the course of legal proceedings. Such documents are subject to what is know as the doctrine of ‘absolute privileged’ and are never actionable and can never be used as evidence in such proceedings. The issuing of the plaint was a clear abuse law. The plaint was inherently unlawful and should have been dismissed by the court on filing. The first duty of an advocate is to the court. The advocates action in this ridiculous 'micky mouse' claim, is an indictment of the legal system in Tanzania' and should be a warning to all those thinking of investing in Tanzania.


 

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