Tuesday, January 6, 2009

KILIMANJARO CHRISTIAN MEDICAL CENTRE (KCMC) DOCTOR'S CIVIL SUIT HEARING JAN. 20, 2009


PETER TEMBA in Moshi
Daily News; Tuesday,January 06, 2009 @21:15

Hearing of a civil suit, in which three former medical doctors of Kilimanjaro Christian Medical Centre (KCMC) are demanding 500m/- in general damages from the Centre’s Executive Director, Professor John Shao, will be held on January 20.

Impeccable source told ‘Daily News’ yesterday that the hearing of the suit was restored in court in November, 2007 after legal mediation process before former Judge-in-Charge of the High Court of Tanzania, Moshi Registry, Justice Faki Jundu flopped.

The plaintiffs - Dr Sendui ole Nguyaime, Prof Joseph Mlay and Prof Watoky Nkya alleged, among others, in their plaint that they shall produce for audio screening a video tape on which the relevant part of the ITV bulletin was recorded allegedly containing false and malicious utterances by Prof Shao, the defendant in this suit.

They claimed that the said utterances gravely and irreparably injured each of the plaintiffs' reputation and standing in the eyes of all right thinking persons, in particular members of the medical profession countrywide and worldwide. The plaintiffs were also exposed to hatred and ridicule before all right thinking persons, particularly their fellow Tanzanians who regard corruption and dishonesty as a professional and social anathema.

Apart from demanding 500m/- in general damages, the plaintiffs, who are represented by the Arusha-based Kamara & Associates Advocates, are praying for judgement and decree against the defendant for an order of injunction in perpetuity restraining the defendant and or his agents from further defaming the plaintiffs.

They are also praying for an order against the defendant to publish through ITV an apology and retraction of the defamatory televised address. However, in his written statement of defence, drawn and filed by Dr A.M. Mapunda, an advocate from Dar es Salaam and a Moshi-based advocate, Mr Godwin Sandi, Prof Shao denied, among others, that he never caused or initiated the publication of the articles in one of the dailies. He is therefore praying for the suit to be dismissed in its entirety for want of merit.









1 comment:

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