19940315 TZHC Dodoma

19940315 TZHC Dodoma

The court found that the appellant acted with malice and without reasonable and probable cause in filing the criminal cases, as evidenced by the withdrawal of cases for lack of evidence and the appellant's subsequent filing of a civil suit after being properly advised. The court held that the requirements for malicious prosecution were met, but special damages were not strictly proved as required by law.

Citation
19940315 TZHC Dodoma
Parties
Appellant: [Appellant Name Not Provided]; Respondent: J. M. Selina
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 March 1994
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Defamation, Malicious Prosecution
Source Language
English
Tort Law Defamation Malicious Prosecution

Case Brief

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Parties

[Appellant Name Not Provided]

Appellant

J. M. Selina

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was liable for defamation and malicious prosecution against the respondent
  2. 2 Whether the appellant acted with malice and without reasonable and probable cause in instituting criminal proceedings

Ratio Decidendi

The court found that the appellant acted with malice and without reasonable and probable cause in filing the criminal cases, as evidenced by the withdrawal of cases for lack of evidence and the appellant's subsequent filing of a civil suit after being properly advised. The court held that the requirements for malicious prosecution were met, but special damages were not strictly proved as required by law.

Court Disposition

appeal allowed

Orders

  • General damages awarded; special damages claim dismissed for lack of strict proof
  • Appellant awarded costs