20140728 TZHC Dar es Salaam

20140728 TZHC Dar es Salaam

The 1st respondent was not involved in the arrest or prosecution and had no case to answer. The 2nd respondent had a duty to report the forged cheque to the police and had reasonable and probable cause to do so. There was no evidence of malice or proof of special or general damages by the appellant. The trial court was correct in dismissing the claims.

Citation
20140728 TZHC Dar es Salaam
Parties
Appellant: Martin Siriwa; 1st Respondent: Pascal Rutalala; 2nd Respondent: Twiga Bancorp
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 July 2014
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Malicious Prosecution, False Imprisonment, Special Damages, General Damages, Bank Account Freezing
Source Language
English
Tort Law Banking Law Criminal Law Malicious Prosecution False Imprisonment Special Damages General Damages Bank Account Freezing

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Parties

Martin Siriwa

Appellant

Pascal Rutalala

1st Respondent

Twiga Bancorp

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondents instituted criminal proceedings against the appellant
  2. 2 Whether there was probable cause for institution of the criminal proceedings
  3. 3 Whether the institution of the criminal proceedings was actuated by malice

Ratio Decidendi

The 1st respondent was not involved in the arrest or prosecution and had no case to answer. The 2nd respondent had a duty to report the forged cheque to the police and had reasonable and probable cause to do so. There was no evidence of malice or proof of special or general damages by the appellant. The trial court was correct in dismissing the claims.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs before this court and the court below.