19900209 TZHC Dar es Salaam
The defendant had reasonable and probable cause for instituting prosecution and there was no evidence of malice; therefore, the claim for malicious prosecution fails.
Source-derived case information.
- Citation
- 19900209 TZHC Dar es Salaam
- Parties
- Plaintiff: Mohamed Malipo; Defendant: Constantino Mashura
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 February 1990
- Procedural Posture
- Civil / Judgment
- Outcome
- Suit dismissed
- Legal Topics
- Malicious Prosecution, Trespass, Imprisonment
- Source Language
- english
Tort Criminal Law Malicious Prosecution Trespass Imprisonment
Source-derived case record
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Parties
Mohamed Malipo
Plaintiff
Constantino Mashura
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the defendant instituted criminal prosecution against the plaintiff
- 2 Whether the prosecution lacked reasonable and probable cause
- 3 Whether the defendant acted maliciously
Ratio Decidendi
The defendant had reasonable and probable cause for instituting prosecution and there was no evidence of malice; therefore, the claim for malicious prosecution fails.
Court Disposition
Suit dismissed
Orders
- Defendant awarded only half the costs as he did not appear to give evidence
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