19970227 TZHC Dar es Salaam

19970227 TZHC Dar es Salaam

The appellant failed to prove on a balance of probabilities that the respondent acted maliciously or without reasonable and probable cause in reporting the incident to the police, and failed to provide evidence of any business loss or damage.

Citation
19970227 TZHC Dar es Salaam
Parties
Appellant: Peter Ndonde; Respondent: Sultan Kuta
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 February 1997
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Malicious Prosecution, Defamation, Damages
Source Language
English
Tort Law Civil Procedure Malicious Prosecution Defamation Damages

Case Brief

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Parties

Peter Ndonde

Appellant

Sultan Kuta

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was maliciously prosecuted due to institution of a criminal charge by the respondent
  2. 2 Whether the appellant suffered any loss or damage as a result of the alleged malicious prosecution

Ratio Decidendi

The appellant failed to prove on a balance of probabilities that the respondent acted maliciously or without reasonable and probable cause in reporting the incident to the police, and failed to provide evidence of any business loss or damage.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.