masunga saguda vs bariadi district council 2019 tzhc 2101 9 january 2019
Withdrawal of criminal charges under section 98(a) of the Criminal Procedure Act does not constitute termination in favour of the plaintiff for purposes of malicious prosecution, as the prosecution remains open and no acquittal or final determination has been made.
- Citation
- masunga saguda vs bariadi district council 2019 tzhc 2101 9 january 2019
- Parties
- Appellant: Masunga Saguda; Respondent: Bariadi District Council
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 January 2019
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Malicious Prosecution, Cause of Action, Withdrawal of Criminal Charges, Doctrine of Precedent
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Masunga Saguda
Appellant
Bariadi District Council
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether withdrawal of criminal charges under section 98(a) of the Criminal Procedure Act constitutes termination in favour of the plaintiff for malicious prosecution
- 2 Whether the District Court erred in holding there was no cause of action for malicious prosecution
Ratio Decidendi
Withdrawal of criminal charges under section 98(a) of the Criminal Procedure Act does not constitute termination in favour of the plaintiff for purposes of malicious prosecution, as the prosecution remains open and no acquittal or final determination has been made.
Court Disposition
appeal dismissed
Orders
- decision of District Court upheld
- appellant's appeal dismissed with costs
Full Case Text
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