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
Summary, issues, holding and outcome
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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
Legal Issues
- 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
Full Case Text
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