20170523 TZHC Dar es Salaam

20170523 TZHC Dar es Salaam

Plaintiff failed to prove that the prosecution was without reasonable and probable cause or actuated by malice; thus, the claim for malicious prosecution is untenable.

Citation
20170523 TZHC Dar es Salaam
Parties
Plaintiff: Michael Lembeli Msolwa @ Michael Plantin; 1st Defendant: Commissioner, Ministry of Home Affairs; 2nd Defendant: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 May 2017
Procedural Posture
Civil Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Malicious Prosecution, Burden of Proof, Damages
Source Language
English

Case Brief

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Parties

Michael Lembeli Msolwa @ Michael Plantin

Plaintiff

Commissioner, Ministry of Home Affairs

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Civil Case / Judgment

  1. 1 Whether the plaintiff's claim of malicious prosecution by the defendants is legally tenable

Ratio Decidendi

Plaintiff failed to prove that the prosecution was without reasonable and probable cause or actuated by malice; thus, the claim for malicious prosecution is untenable.

Court Disposition

Suit dismissed with costs