20131213 TZHC Dr es Salaam

The court found that the defendant initiated the prosecution out of malice and without reasonable and probable cause, as evidenced by the animosity following the plaintiff's report to the police and the lack of credible evidence supporting the charges, resulting in the plaintiff's acquittal on all counts.

Citation: 20131213 TZHC Dr es Salaam
Parties: Plaintiff: Ludovick Mbona; Defendant: Consolidated Holding Corporation Limited
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 13 December 2013
Procedural Posture: Civil Case / Judgment
Outcome: Judgment for the plaintiff
Legal Topics: Malicious Prosecution, Damages, Interest on Decretal Sum
Source Language: English

Tort Law Malicious Prosecution Damages Interest on Decretal Sum

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 1

Parties

Ludovick Mbona

Plaintiff

Consolidated Holding Corporation Limited

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

1 Whether the defendant prosecuted the plaintiff in the criminal charges as alleged
2 Whether the defendant acted with malice and without reasonable and probable cause in prosecuting the plaintiff
3 Whether the plaintiff suffered any damage and injury as a result of the criminal prosecutions

Ratio Decidendi

Court Disposition

Judgment for the plaintiff

Orders

Defendant to pay general damages of TZ Shs. 60,000,000 with interest at 12% per annum from the date of judgment until payment in full
Defendant to pay costs of the suit to be assessed by the Taxing Officer