mathias makalwe vs mashauri makalwe 2019 tzhc 2037 24 january 2019
The tort of malicious prosecution was not proved as the prosecution did not end in favor of the respondent and there was no evidence that the appellant initiated proceedings without reasonable and probable cause.
- Citation
- mathias makalwe vs mashauri makalwe 2019 tzhc 2037 24 january 2019
- Parties
- Appellant: Mathias Makalwe; Respondent: Mashauri Makalwe
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 January 2019
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed with costs
- Legal Topics
- Malicious Prosecution, Damages, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mathias Makalwe
Appellant
Mashauri Makalwe
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 whether the tort of malicious prosecution was proved on balance of probabilities
- 2 whether the award of compensation was justified
Ratio Decidendi
The tort of malicious prosecution was not proved as the prosecution did not end in favor of the respondent and there was no evidence that the appellant initiated proceedings without reasonable and probable cause.
Court Disposition
appeal allowed with costs
Orders
- appeal allowed
- costs awarded to appellant
Full Case Text
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