High Court to set ruling date on Kinana-Msigwa defamation suit

The High Court, Dar es Salaam zone is set to issue a ruling date on a defamation suit lodged by CCM Secretary General Abdulrahman Kinana, against Peter Msigwa, Iringa Urban legislator-Chadema. 

In the suit Kinana wants 350m/- for being defamed as compensation damage for being called an elephant poacher by the legislator.

The ruling will be issued by Judge Zainabu Mruke after going through the submissions presented by the parties on some grounds of preliminary objections raised by the lawmaker that seeks dismissal of the suit in question.

In a written statement of defence filed at the High Court’s Dar es Salaam District Registry by his advocate Peter Kibatala, Msigwa denied all the claims advanced by the CCM leader.

The opposition legislator also filed objections to hearing of the case.

Msigwa advanced five grounds of objection, stating that the suit was incompetent in law because the court lacks pecuniary jurisdiction to try the matter.

He said the case was filed contrary to High Court Registries Rules, as the cause of action allegedly arose in Mwanza.

He alleged that the suit is incompetent in law and the plaintiff (Kinana) had not pleaded any special knowledge possessed by those to whom the words were published.

In the suit, defendant Msigwa is alleged to have accused Kinana of being an elephant poacher and a criminal dealer in ivory, including illegal transportation and exportation of ivory.

Through his advocate, Eric Ng’maryo, Kinana is requesting the court to order the opposition legislator to pay other damages to be assessed by the court, interest at the court rate from the date of delivery of judgment.

Kinana is also seeking orders of the court to direct the MP to publish apologies in two daily English newspapers and two other Kiswahili papers and recant the claims involved.

Furthermore, Kinana wants Msigwa restrained permanently from publishing such defamatory remarks against him.

It is alleged that Msingwa, who is also the shadow Minister for Tourism and Natural Resources, defamed Kinana on various occasions and at various places, in and outside the Parliament, notably at a public rally held at Nyamagana playgrounds in Mwanza City on April 21, this year. 

SOURCE: THE GUARDIAN