Test number one as to whether the statements were untrue or false statement. PW1 in his testimony denied all the facts published in Exhibit P3. He denied to be sacked, he denied to own a plot in Arusha, he denied to award insurance contract to cover the NHC Houses in a Company which his wife is a director and he vehemently denied to be interrogated by any team or Committee on the issue of corruption, misuse of his power and misuse of corporate funds. On the other side, the Respondents claimed that what they published was factual as the same was the continuation of the event which took place on 17/12/2017 when the Late President John Pombe Magufuli was inaugurating the NHC Housing Project at Dodoma. The source of what they published is the press conference and the allegation from the late President John Pombe Magufuli against the NHC Board. Exhibit D1 a flash disk was tendered to justify the publication. This court had an ample time to go through the said exhibit. Unfortunately, there was no such allegations in the President’s speech. I admit that the late President stated in general that there was misuse of funds and he also alleged that there are other place where the Petitioner is doing the same projects with like NHC although he did not mention any of the places. Therefore, what was published by the Respondents were untrue statements. 19

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