[2001] KEHC 165 (KLR)

[2001] KEHC 165 (KLR)

The court found that although the criminal prosecution was determined in the plaintiff's favour, the plaintiff failed to prove that the defendant prosecuted him. The evidence showed that the defendant only made a complaint to the police and was not involved in the subsequent prosecution. Since the police, not the...

Source-derived case information.

Citation
[2001] KEHC 165 (KLR)
Parties
Plaintiff: Benjamin Kaswii; Defendant: Capital Construction Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
9 May 2001
Case Number
? 2463 of 1993
Procedural Posture
Civil Case / Judgment
Outcome
suit dismissed with costs to the defendant
Legal Topics
Malicious Prosecution, Elements of Tort, Liability for Prosecution
Source Language
english
Tort Law Malicious Prosecution Elements of Tort Liability for Prosecution

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Summary, issues, holding and outcome

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Parties

Benjamin Kaswii

Plaintiff

Capital Construction Ltd

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the defendant is liable for malicious prosecution against the plaintiff.
  2. 2 Whether the defendant prosecuted the plaintiff or merely made a complaint to the police.
  3. 3 Whether the elements of malicious prosecution were established.

Ratio Decidendi

The court found that although the criminal prosecution was determined in the plaintiff's favour, the plaintiff failed to prove that the defendant prosecuted him. The evidence showed that the defendant only made a complaint to the police and was not involved in the subsequent prosecution. Since the police, not the defendant, prosecuted the plaintiff, the defendant could not be held liable for malicious prosecution. As a result, the plaintiff's suit was dismissed with costs to the defendant.

Court Disposition

suit dismissed with costs to the defendant

Orders

  • The plaintiff's suit is dismissed.
  • The plaintiff shall pay the costs of the suit to the defendant.