peter peter junior vs the attorney general another 2011 tzhc 2066 7 september 2011

peter peter junior vs the attorney general another 2011 tzhc 2066 7 september 2011

There was ample probable and reasonable cause for the 2nd Defendant to initiate the law leading to the Plaintiff's arrest and remand; no evidence of bad faith or malice was provided by the Plaintiff. The arrest and remand were lawful, and the Plaintiff is not entitled to any relief.

Citation
peter peter junior vs the attorney general another 2011 tzhc 2066 7 september 2011
Parties
Plaintiff: Rev. Peter Peter Junior; 1st Defendant: The Attorney General; 2nd Defendant: The District Commissioner of Bagamoyo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 September 2011
Procedural Posture
Civil Case / Judgment
Outcome
Suit dismissed with costs
Legal Topics
Defamation, False Imprisonment, Unlawful Arrest, Damages, Removal Order
Source Language
English
Tort Law Administrative Law Defamation False Imprisonment Unlawful Arrest Damages Removal Order

Case Brief

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Parties

Rev. Peter Peter Junior

Plaintiff

The Attorney General

1st Defendant

The District Commissioner of Bagamoyo

2nd Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the Plaintiff was harassed, arrested and remanded
  2. 2 Whether the arrest and remand were lawful in the circumstances
  3. 3 What reliefs the parties are entitled to

Ratio Decidendi

There was ample probable and reasonable cause for the 2nd Defendant to initiate the law leading to the Plaintiff's arrest and remand; no evidence of bad faith or malice was provided by the Plaintiff. The arrest and remand were lawful, and the Plaintiff is not entitled to any relief.

Court Disposition

Suit dismissed with costs

Orders

  • The Plaintiff is not entitled to any relief
  • The suit is dismissed with costs