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.
This is the story of British investors Stewart Middleton and Sarah Hermitage driven from Tanzania by violence, abuse and intimidation instigated by Benjamin Mengi which included a vicious defamation campaign by IPP Media a powerful media house owned by his brother Reginald Mengi. Reginald Mengi sued Sarah Hermitage for Libel in London in 2010 for posts in this Blog. On 30th November 2012 the High Court ruled that Reginald Mengi was complicit in his brother’s corruption and intimidation.
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