19880211 TZHC Mwanza

19880211 TZHC Mwanza

The plaintiff was not a party to Musoma Civil Case No. 12 of 1986; therefore, he cannot claim to have been maliciously prosecuted. Even if he had been a party, the previous suit was successful for the defendant, negating malice.

Citation
19880211 TZHC Mwanza
Parties
Plaintiff: Julius Mutunii; Defendant: Nyangige Mwikwabe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 February 1988
Procedural Posture
Civil / Judgment
Outcome
Dismissed
Legal Topics
Malicious Prosecution, Damages
Source Language
English

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Parties

Julius Mutunii

Plaintiff

Nyangige Mwikwabe

Defendant

Procedural Posture

Civil / Judgment

  1. 1 Whether the plaintiff was maliciously prosecuted in Musoma Civil Case No. 12 of 1986

Ratio Decidendi

The plaintiff was not a party to Musoma Civil Case No. 12 of 1986; therefore, he cannot claim to have been maliciously prosecuted. Even if he had been a party, the previous suit was successful for the defendant, negating malice.

Court Disposition

Dismissed

Orders

  • Suit dismissed with costs.