19771222 TZHC Arusha

19771222 TZHC Arusha

Since the criminal prosecution was initiated by the Republic after the police decided to charge the appellant, and not by the respondent as a private prosecutor, the appellant cannot recover expenses from the respondent.

Citation
19771222 TZHC Arusha
Parties
Appellant: Martin s/o Cornelig; Respondent: Stephano Adolf
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 December 1977
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Malicious Prosecution, False Imprisonment, Costs Recovery
Source Language
English
Civil Procedure Tort Malicious Prosecution False Imprisonment Costs Recovery

Case Brief

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Parties

Martin s/o Cornelig

Appellant

Stephano Adolf

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to recover expenses incurred for defence witnesses after acquittal in a criminal case initiated by the respondent's complaint

Ratio Decidendi

Since the criminal prosecution was initiated by the Republic after the police decided to charge the appellant, and not by the respondent as a private prosecutor, the appellant cannot recover expenses from the respondent.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs