TBL loses 40m/- appeal against ex-employees

 

TANZANIA Breweries Limited (TBL) has lost its appeal against the payments of 40m/- to its former employees against whom it allegedly published defamatory statements in relation to tyre theft.

Boniface Kakiziba and John Assenga are the ones who the company allegedly published defamatory statements against them in relation to theft of five tyres. 

 

The Court of Appeal has dismissed with costs the appeal TBL had lodged to challenge the January 4, 2010 verdict by the High Court in favour of Boniface Kakiziba and John Assenga.

Justices Sauda Mjasiri, Salum Massati and Stella Mugasha found to room to interfere with the findings of lower courts.

The act of the Managing Director (of TBL) of briefing the reporters from Daily News and Uhuru newspapers on the disposal of five tyres on the pretext that they were defective without providing any material evidence was slanderous,” they said.

The justices were inclined to agree with the advocate for the employees and the trial judge that the two employees were wronged, defamed and or subjected to mental anguish, humiliation and shame before their families, colleagues and friends.

“No evidence was adduced by the appellant (TBL) to contradict the position. We are therefore of the firm view that the respondents (employees) were entitled to damages for defamation. In the results and view of our findings, the appeal is hereby dismissed with costs,” they declared.

The matter is traced from publication in the Daily News and Uhuru newspapers on August 6, 1992 of the statements of the then Managing Director (MD) TBL, Mr Arnold Kilewo, alleged to have defamed the respondents.

It is reported that the two respondents were TBL employees and were terminated from employment on July 30, 1992 due to allegations of selling five tyres belonging to the company on the pretext that they were defective.

Following their termination, the MD called reporters from the two newspapers and briefed them on the respondents’ sale of the tyres and misappropriation of the money. Aggrieved by the termination, the respondents successfully appealed against the termination at the labour reconciliation board.

But, TBL unsuccessfully appealed to the Minister for Labour and Youth Development, with the minister confirmed the decision of the board and ordering reinstatement of the two. However, their reinstatement was brief and they were soon retrenched.

The appellant refused to apologise over the statements made to the media. Consequently, the respondents filed a suit for defamation. They claimed general damages of 20m/- each.

The respondents were successful in the High Court, compelling TBL to cross over to the Court of Appeal and advanced several grounds, including the High Court lacking jurisdiction to hear the case.

In their judgment, however, the justices of the appeal court ruled that the complaint was devoid of merit because no objection was raised in the High Court during the trial and no evidence was given, leading to conclusion that the claim was not within the court’s jurisdiction.