daniel francis kisoka vs philemon hatari tano 2 others 2023 tzhc 21673 21 august 2023
The plaintiff failed to prove absence of reasonable and probable cause and malice on the part of the defendants; thus, the essential elements of malicious prosecution were not established and the claim for damages could not stand.
- Citation
- daniel francis kisoka vs philemon hatari tano 2 others 2023 tzhc 21673 21 august 2023
- Parties
- Plaintiff: Daniel Francis Kisoka; 1st Defendant: Philomen Hatari Tano; 2nd Defendant: Gaydon Cyprian Mtenga; 3rd Defendant: Mantra Tanzania Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 August 2023
- Procedural Posture
- Civil / Judgment
- Outcome
- suit dismissed
- Legal Topics
- Malicious Prosecution, Special Damages, General Damages, Exemplary Damages, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daniel Francis Kisoka
Plaintiff
Philomen Hatari Tano
1st Defendant
Gaydon Cyprian Mtenga
2nd Defendant
Mantra Tanzania Limited
3rd Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the prosecution by the defendants against the plaintiff was malicious
- 2 Whether the plaintiff suffered specific and general damages as a result
- 3 What reliefs the parties are entitled to
Ratio Decidendi
The plaintiff failed to prove absence of reasonable and probable cause and malice on the part of the defendants; thus, the essential elements of malicious prosecution were not established and the claim for damages could not stand.
Court Disposition
suit dismissed
Orders
- Suit dismissed with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment