20150911 TZHC Dar es Salaam2

20150911 TZHC Dar es Salaam2

Withdrawal of criminal charges constitutes termination in favour of the appellant, but the respondents had reasonable and probable cause to prosecute, so the claim for malicious prosecution and damages fails.

Citation
20150911 TZHC Dar es Salaam2
Parties
Appellant: Leo Koba; 1st Respondent: Nico Mwakibibi; 2nd Respondent: Morogoro Municipal Council
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 September 2015
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal partly allowed
Legal Topics
Malicious Prosecution, False Imprisonment, Damages, Vicarious Liability
Source Language
English
Tort Law Civil Procedure Malicious Prosecution False Imprisonment Damages Vicarious Liability

Case Brief

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Parties

Leo Koba

Appellant

Nico Mwakibibi

1st Respondent

Morogoro Municipal Council

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether withdrawal of criminal charges amounts to termination in favour of the appellant for malicious prosecution
  2. 2 Whether the respondents had reasonable and probable cause to prosecute the appellant
  3. 3 Whether the appellant suffered special or general damages

Ratio Decidendi

Withdrawal of criminal charges constitutes termination in favour of the appellant, but the respondents had reasonable and probable cause to prosecute, so the claim for malicious prosecution and damages fails.

Court Disposition

appeal partly allowed

Orders

  • Trial court's finding that withdrawal did not amount to termination in favour of appellant is reversed
  • Remaining grounds of appeal dismissed