20160826 TZHC Dar es Salaam

20160826 TZHC Dar es Salaam

The Plaintiff failed to prove that his arrest and detention were unlawful or that the prosecution was malicious or without reasonable and probable cause. The evidence showed the arrest was lawful, the prosecution was not actuated by malice, and the Plaintiff did not suffer damages as a result of any wrongful act by the Defendants. The suit was therefore dismissed with costs.

Citation
20160826 TZHC Dar es Salaam
Parties
Plaintiff: Francis Mgare; 1st Defendant: The Inspector General of Police; 2nd Defendant: A/Inspector Eusebio W. Nyalifa; 3rd Defendant: Hon. Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 August 2016
Procedural Posture
Civil / Judgment
Outcome
Suit dismissed with costs.
Legal Topics
Malicious Prosecution, Unlawful Arrest, Detention, Damages
Source Language
English
Tort Law Civil Procedure Malicious Prosecution Unlawful Arrest Detention Damages

Case Brief

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Parties

Francis Mgare

Plaintiff

The Inspector General of Police

1st Defendant

A/Inspector Eusebio W. Nyalifa

2nd Defendant

Hon. Attorney General

3rd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the arrest and detention of the Plaintiff by the second Defendant was lawful.
  2. 2 Whether the Plaintiff was prosecuted by the 2nd Defendant and if so, whether the prosecution was malicious.
  3. 3 If the answers to issue 1 and 2 above are in the affirmative, whether the Plaintiff suffered damages.

Ratio Decidendi

The Plaintiff failed to prove that his arrest and detention were unlawful or that the prosecution was malicious or without reasonable and probable cause. The evidence showed the arrest was lawful, the prosecution was not actuated by malice, and the Plaintiff did not suffer damages as a result of any wrongful act by the Defendants. The suit was therefore dismissed with costs.

Court Disposition

Suit dismissed with costs.

Orders

  • The Plaintiff's suit is dismissed with costs.