Nayeku

Nayeku

The respondents failed to prove that the appellant acted without reasonable and probable cause or with malice. Contradictions in evidence and acquittal on appeal do not suffice to establish malicious prosecution. Therefore, the claim for malicious prosecution was not proved and the award of damages cannot stand.

Citation
Nayeku
Parties
Appellant: Nayeku Sa R M Et; 1st Respondent: James Loserian; 2nd Respondent: Zakayo Loserian (Attorney of Loserian Ndipoya)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
13 June 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Malicious Prosecution, Damages, Burden of Proof
Source Language
English
Tort Law Civil Procedure Malicious Prosecution Damages Burden of Proof

Case Brief

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Parties

Nayeku Sa R M Et

Appellant

James Loserian

1st Respondent

Zakayo Loserian (Attorney of Loserian Ndipoya)

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondents proved the claim for malicious prosecution
  2. 2 Whether the trial court was justified in awarding the respondents TZS 10 million

Ratio Decidendi

The respondents failed to prove that the appellant acted without reasonable and probable cause or with malice. Contradictions in evidence and acquittal on appeal do not suffice to establish malicious prosecution. Therefore, the claim for malicious prosecution was not proved and the award of damages cannot stand.

Court Disposition

appeal allowed

Orders

  • The trial court's decision, decree, and any order arising therefrom are quashed and set aside.
  • Costs awarded to the appellant.