fabian p mtali vs dimon efrem p mtali 2009 tzhc 242 9 april 2009

fabian p mtali vs dimon efrem p mtali 2009 tzhc 242 9 april 2009

The appellant failed to establish the tort of malicious civil proceedings because the proceedings in question did not terminate in his favour, there was no evidence of lack of reasonable and probable cause, and malice was not established. Consequently, the claim for special damages also fails as the underlying tort was not proved and the damages were not specifically proved.

Citation
fabian p mtali vs dimon efrem p mtali 2009 tzhc 242 9 april 2009
Parties
Appellant: Fabian P. Mtali; Respondent: Dimon Efrem P. Mtali
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 April 2009
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Malicious Prosecution, Malicious Civil Proceedings, Special Damages, Jurisdiction
Source Language
English
Tort Law Civil Procedure Malicious Prosecution Malicious Civil Proceedings Special Damages Jurisdiction

Case Brief

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Parties

Fabian P. Mtali

Appellant

Dimon Efrem P. Mtali

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent instituted civil proceedings maliciously and without reasonable and probable cause
  2. 2 Whether the proceedings terminated in favour of the appellant
  3. 3 Whether the appellant is entitled to special damages

Ratio Decidendi

The appellant failed to establish the tort of malicious civil proceedings because the proceedings in question did not terminate in his favour, there was no evidence of lack of reasonable and probable cause, and malice was not established. Consequently, the claim for special damages also fails as the underlying tort was not proved and the damages were not specifically proved.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety with costs.