CIV APP REF NO GETRUDE DAVID VS JONATHAN MAZIKU

CIV APP REF NO GETRUDE DAVID VS JONATHAN MAZIKU

The respondent failed to prove that the prosecution was instituted without reasonable and probable cause or with malice. The trial court erred in awarding special damages and medical expenses not pleaded in the plaint. The appeal is allowed, and the trial court's decision is quashed and set aside.

Citation
CIV APP REF NO GETRUDE DAVID VS JONATHAN MAZIKU
Parties
Appellant: Getruda David; Respondent: Jonathan Maziku
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 April 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Malicious Prosecution, Damages, Pleadings, Appeal
Source Language
English
Tort Law Civil Procedure Malicious Prosecution Damages Pleadings Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Getruda David

Appellant

Jonathan Maziku

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the elements of malicious prosecution were proved against the appellant
  2. 2 Whether the award of special damages and medical expenses was proper given the pleadings

Ratio Decidendi

The respondent failed to prove that the prosecution was instituted without reasonable and probable cause or with malice. The trial court erred in awarding special damages and medical expenses not pleaded in the plaint. The appeal is allowed, and the trial court's decision is quashed and set aside.

Court Disposition

appeal allowed

Orders

  • Decision of the trial court quashed and set aside
  • Costs awarded to the appellant