20160324 TZHC Mbeya

20160324 TZHC Mbeya

The cause of action in this suit is based on malicious prosecution, not defamation. Section 9(1) of the Law Reform (Fatal Accident and Miscellaneous Provision) Act does not provide for abatement of suits based on malicious prosecution upon the death of a party. Therefore, the suit does not abate and is maintained.

Citation
20160324 TZHC Mbeya
Parties
Plaintiff: John Morris Mpaki; Defendant: THEN. B. C. LTD; Defendant: Ngalagila Ngonyani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 March 2016
Procedural Posture
Civil Case / Ruling on Preliminary Objection Regarding Abatement of Suit Due to Plaintiff's Death
Outcome
Defendants' objection overruled; suit maintained.
Legal Topics
Malicious Prosecution, Defamation, Abatement of Suit, Survival of Actions
Source Language
English
Tort Law Civil Procedure Malicious Prosecution Defamation Abatement of Suit Survival of Actions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

John Morris Mpaki

Plaintiff

THEN. B. C. LTD

Defendant

Ngalagila Ngonyani

Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection Regarding Abatement of Suit Due to Plaintiff's Death

Legal Issues

  1. 1 Whether the suit abates under Section 9(1) of the Law Reform (Fatal Accident and Miscellaneous Provision) Act upon the plaintiff's death
  2. 2 Whether the plaintiff's cause of action is based on defamation so as to warrant abatement

Ratio Decidendi

The cause of action in this suit is based on malicious prosecution, not defamation. Section 9(1) of the Law Reform (Fatal Accident and Miscellaneous Provision) Act does not provide for abatement of suits based on malicious prosecution upon the death of a party. Therefore, the suit does not abate and is maintained.

Court Disposition

Defendants' objection overruled; suit maintained.

Orders

  • Objection dismissed
  • Costs to be determined in due course