The High Court has ordered a weekly tabloid, Hoja, to pay 15m/- as damages to a member of the ruling Chama Cha Mapinduzi, Rajab Mwilima, for defamation by calling him a non-citizen.
Judge Augustine Shangwa ruled in favour of Mwilima, who had accused the newspaper of publishing defamatory statements against him that he was a non-citizen and that the Immigration Department had already expelled him.
Mwilima, through his advocate Nehemiah Nkoko, lodged the case against the paper’s editor, Songolo Mnyonge, alleging that such publication was aimed at injuring his reputation.
Apart from paying such amount, the judge also condemned the defendants to pay costs of the suit. Advocate Nkoko from RK Rweyongeza & Company expressed his satisfaction on the court’s decision, saying finally justice has been done.
Mwilima thanked God for the decision and pointed out that though the published article was so damaging he remained calm to give room for justice to take its own course. “Finally justice has been done to all parties,” he said.
He also offered an advice to members of the public wherever they have legal complaints the only safe venue was through accessing courts where they could defend their rights, which are likely to be infringed.
In his suit he lodged in 2010, Mwilima had been demanding compensation of 90m/- and other 20m/- as general damages from the defendants for publishing the defamatory article.
However, in their written statements of defence, the defendants had denied the claims by the CCM local leader and had requested the court to dismiss the demands with costs.
This is the second time Mwilima is winning a law suit against the defendants. The first similar case was heard at the Kisutu Resident Magistrate’s Court and the defendants were ordered to pay 10m/- damages to him and publish an apology.
Mwilima had claimed that such publication was effected without having any source of information, thus tarnishing his name showing that he is not a good person in the society.
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