20170105 TZHC Mwanza

The award of Tshs. 500,000/= was inordinately low given the appellant's suffering and the malicious nature of the prosecution; the award is increased to Tshs. 5,000,000/=.

Citation: 20170105 TZHC Mwanza
Parties: Appellant: Daudi N. Kanyala; Respondent: Carvet Sidato
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 5 January 2017
Procedural Posture: Civil Appeal / Judgment After Consolidated Appeals
Outcome: Civil Appeal No. 05/2016 dismissed; Civil Appeal No. 62/2015 allowed in part.
Legal Topics: Malicious Prosecution, Damages, Pecuniary Jurisdiction, Assessment of Damages
Source Language: English

Tort Law Civil Procedure Malicious Prosecution Damages Pecuniary Jurisdiction Assessment of Damages

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3

Parties

Daudi N. Kanyala

Appellant

Carvet Sidato

Respondent

Procedural Posture

Civil Appeal / Judgment After Consolidated Appeals

Legal Issues

1 Whether the award of damages for malicious prosecution was adequate
2 Whether the trial court had pecuniary jurisdiction
3 Whether damages were specifically proved

Ratio Decidendi

The award of Tshs. 500,000/= was inordinately low given the appellant's suffering and the malicious nature of the prosecution; the award is increased to Tshs. 5,000,000/=.

Court Disposition

Civil Appeal No. 05/2016 dismissed; Civil Appeal No. 62/2015 allowed in part.

Orders

Award of damages for malicious prosecution increased to Tshs. 5,000,000/=
Appellant awarded costs of the case