19980805 TZHC Dar es Salaam
- Citation
- 19980805 TZHC Dar es Salaam
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 5 August 1998
- Posture
- Civil Appeal / Final Appellate Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 5 August 1998
- Posture
- Civil Appeal / Final Appellate Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal was dismissed because the report made by the respondent was not false, as it led to the appellant's conviction for common assault, and thus no civil wrong was committed against the appellant.
Court disposition
appeal dismissed
Orders
- Appeal dismissed with costs
02
Material facts
Parties
Hadija Abdu
AppellantFatuma Mwai
Respondent Counsel: Miss YashokeraAmounts and remedies
- Fine Imposed in Criminal Case: TZS 10,000
- Compensation Ordered in Criminal Case: TZS 5,000
- Civil Claim Amount: TZS 300,000
03
Procedural history
Posture
Civil Appeal / Final Appellate Judgment
04
Questions and positions
Legal issues
- 01
Whether the report made by Fatuma Mwai to the police was false
- 02
Whether Hadija Abdu was entitled to compensation for alleged defamation and malicious prosecution
Party arguments
- Applicant
- Hadija Abdu argued that Fatuma Mwai made a false report to the police, resulting in her arrest, detention, and conviction, and sought compensation for defamation and being wrongfully charged.
- Respondent
- Fatuma Mwai, through her advocate, maintained that the report to the police was not false, as evidenced by the appellant's conviction for common assault, and denied liability for any civil wrong.
05
Court’s reasoning
Legal principles
- 01
Judgment of Nsekela, J.
A report to the police that results in a conviction cannot be considered false for the purposes of a civil claim for malicious prosecution or defamation.
06
Ratio, limits and disposition
Ratio decidendi
The appeal was dismissed because the report made by the respondent was not false, as it led to the appellant's conviction for common assault, and thus no civil wrong was committed against the appellant.
Court disposition
appeal dismissed
- Appeal dismissed with costs
Source and reliance status
TZHC · 5 August 1998
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 5 August 1998
J
IN THE HIGH COURT OF TANZANIA AI. q\R. _ES §l\LAAf/1 P. C. CIV. APl- BAL NO.. 71/1997 KJADIJJ\ J1BDU •••.•••••.••...........• APPELLANT Versus The origin of this appeaJ, is in Criminal Case No. 2072/95. It was alleged that Fatuma ~h1ai had made false reports to the police to th ? effect that Baclija Abdu had used 1 -2busive l3ngu3,re, beaten and undressed the said Fatuma Awai. As a result of this allegedly false report, Hadija Abdu ~as arrested and detairted at the Changornbe Police Ststion for about three hours after which she was rE;:leased on bail. Subrsequently she was charged with the offence of common assault in Criminal Case No. 2072/95 c/s 240 of the Penal Code. Hadija i\. bdu was convicted· and sentenced to pay a fine of Shs. l0,000/= a1d to pay compensation of Shs. 5,000/=. As a result oi' thi3 convicti:on in the said criminal case, Hadija Abdu in .Jti tutecl Civil Case No. 6 of 1996 against Fatuma lVIwai at Temeke Primary Court. She was claiming and I quote:- ;; :i?edha 500QOOO/= ~·~~;.t-:)kana na kUdhalilishi.oJa na kufun;uliwa t:::>si :xmc~ai ''. This was the nature of th2 civil case. The Primary Court after hear in~; the case, delivered its judgrnei1t on 7.5.1996 dismissing the suit. The said court was satisfied that the claims by the compl8inant Hadija A:Jdu had not been -estaolished at all and hence dis,nissed the suit. 'l'he prLnary court was of the view that
th2 report tl1at J'atw,:ia r✓Iwai made to the Police \vas not false and in actual fact the complainant was convicted of the offence of common assault. Aggrieved by the decision of the P rirnary Court~ the c:::)lnplainant appealled to the District Court in Civil Appeal No. 37 of 1996. The District Court after a careful analysis of the evidence in Criminal Case No.2072/95 and Civil Case Mo. 6/96 came to the conclusion that the appeal was basel2ss and coJ.1sequ.ently dismissed the appeal. . ..• /2 "tr· '· > .,.IJ,......("·;, 11'4. 2 = Undaunted Hadija Abdu has now come to this court and has filed a verbose memorandum containing seven gro~nds·of appeal. I have carefuJ.ly gone through both proceedings and judgments in the Primary Court and the District Court and I am satisfied that they both came to the right conclusion. The re~;ort that Fatum8 f✓h-,rai inade t) the police v1as actually not false for it resulted in the appellant's conviction. If the aD)ellsnt vvas dissafisfied v:ith the said decisi,)n 1 an appeal wss open to her. Instead she instituted a civil suit olaioing Shs.300,000/=, I do not Know for what civil wrong that was -!9,. comrni tted a:::;ainst her. In the circumstances I add my voice that thi.s appeal is totally devo:i_d of merit and it is accordingly dismissed with costs.
NSEKELA
JUDGE ··~·-·- 9.6.1998. Coram~ Mshote- DR In person - For the A?~2llant ffliss. Yl2shokera - For the: Respondent. C/C. Maourice. Judgement delivered this 5th August in the pre:3ence of the appellant and lliss. i: ashokera f c,r the :;.~espondent. \ I -DI:iTRICT Rli:GJ._§T.RAR 5/8/1998. · CERTIFIED TRUL CCP Y OF THC 0;.UGL:JJ\L.
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.