20160729 TZHC Dodoma

The Defendants had no reasonable or probable cause to prosecute the Plaintiff, as the Plaintiff had hunting licenses that were not tendered in the criminal trial for reasons attributable to the Defendants. The prosecution was conducted with ill motive, amounting to malicious prosecution, entitling the Plaintiff to specific and general damages.

Citation: 20160729 TZHC Dodoma
Parties: Plaintiff: Omary Salum Futo; 1st Defendant: Ministry of Natural Resources and Tourism; 2nd Defendant: The Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 July 2016
Procedural Posture: Civil / Judgment
Outcome: Judgment for the Plaintiff
Legal Topics: Malicious Prosecution, Damages, Wildlife Offences
Source Language: English

Tort Law Criminal Law Malicious Prosecution Damages Wildlife Offences

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3

Parties

Omary Salum Futo

Plaintiff

Ministry of Natural Resources and Tourism

1st Defendant

The Attorney General

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the Defendants brought the charge against the Plaintiff maliciously and without reasonable or probable cause
2 To what relief are parties entitled

Ratio Decidendi

Court Disposition

Judgment for the Plaintiff

Orders

Payment of Tshs. 750,000 as specific damages to the Plaintiff
Payment of Tshs. 40,000,000 as general damages for mental and bodily pain and loss of reputation