The Respondent complained that the Appellant had published news that he had allegedly embezzled Chinangali School’s funds totalling Tshs. 4,150,000/= and burnt that School to distort evidence of theft. He said that these allegations which were false had been uttered and published in the newspapers and television and thus injured his reputation. Later, the Respondent was charged with the offence of stealing of the said funds but was later acquitted and no appeal had been preferred by the prosecution. Due to these allegations the Respondent prayed for damages for defamation and malicious prosecution to the tune of Tshs. 90,000,000/=, interest on the decretal sum of court’s rate from the date of judgment till payment in full, costs of the suit and any other relief(s) at the court’s instance. The trial court awarded him 30,000,000/=. Aggrieved, the Appellant preferred this appeal. He argued that the elements for the tort of defamation had not been proved and that the court did not show how it reached the quantum of general damages.

