19951108 TZHC Dar es Salaam2

The appellant actively participated in the prosecution of the respondent, which was done maliciously and without reasonable or probable cause, thus establishing the tort of malicious prosecution.

Citation: 19951108 TZHC Dar es Salaam2
Parties: Appellant: Mohamed Hubiya; Respondent: Lipiki
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 November 1995
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed with costs
Legal Topics: Malicious Prosecution
Source Language: English

Tort Law Malicious Prosecution

Case Brief

Summary, issues, holding and outcome

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Parties

Mohamed Hubiya

Appellant

Lipiki

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the prosecution of the respondent was false, malicious, and without probable cause
2 Whether the prosecution ended in favour of the respondent
3 What relief the parties were entitled to

Ratio Decidendi

The appellant actively participated in the prosecution of the respondent, which was done maliciously and without reasonable or probable cause, thus establishing the tort of malicious prosecution.

Court Disposition

appeal dismissed with costs

Orders

Appellant to pay respondent Sh. 500,000 as general damages
Appellant to pay costs of the suit