High Court dismisses Zitto’s application in defamation case

DAR ES SALAAM: THE High Court has dismissed, with costs, an application by Zitto Kabwe, seeking to compel businessman Harbinder Singh Sethi to deposit 100m/- in court as security for costs, pending the determination of a defamation suit against him.

Sethi has filed a petition demanding 10bn/- in compensation, alleging that Zitto falsely and maliciously defamed him on the social media platform X (formerly known as Twitter).

Presiding Judge Arnold Kirekiano ruled in favour of the businessman, stating that Zitto, the former leader of the Alliance for Change and Transparency (ACT–Wazalendo), failed to cumulatively satisfy the conditions required for such an order, particularly the claim that Sethi is not a resident of Tanzania.

“Since it is not established that the respondent resides outside Tanzania, I conclude that the application has not met the threshold under Order XXV Rule 1(1) of the Civil Procedure Code.

Consequently, this application stands dismissed with costs,” Judge Kirekiano ruled in a decision dated August 22, 2025.

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He explained that two conditions must both be proven for the court to grant an order for security, for costs, the plaintiff resides outside Tanzania, the plaintiff does not possess sufficient immovable property within Tanzania. While it was not in dispute that Sethi is a Kenyan national, Zitto’s affidavit claimed he resides in South Africa.

However, in his supplementary affidavit, Sethi asserted that he is a resident of Tanzania, possessing a Legal Resident Identity Card and maintains a permanent residence on Masaki Street in Dar es Salaam.

“Since the respondent has asserted that he resides in Tanzania, it was incumbent upon the applicant (Zitto) to present further evidence in a rejoinder to rebut that claim,” the judge stated.

“Although Sethi is a foreigner, the weight of evidence provided in the affidavits convinces me that he is also a resident of Tanzania at this stage of the suit. I must emphasise: Being a foreigner alone is not a sufficient basis under Order XXV Rule 1(1) of the CPC,” he added.

Zitto’s application had argued that Sethi, as a Kenyan citizen residing in South Africa, had no known immovable or substantial assets in Tanzania. It was also stated that the application was made in good faith, not to delay or prejudice the proceedings, but to secure the ends of justice.

Sethi, however, contested the application and submitted an affidavit affirming that he is a resident investor in Tanzania, holding a valid resident permit and is a shareholder in multiple companies registered under Tanzanian law.

These include Pan Africa Power Solutions Ltd (PAP), which holds substantial shares in Independent Power Tanzania Ltd (IPTL). During the hearing, Zitto Kabwe was represented by advocates Moses Mgonja and Anitha Ngangahondi, while Harbinder Sethi was represented by advocates Musa Mhagama and Dorah Malaba.