20180920 TZHC Mbeya

20180920 TZHC Mbeya

Primary courts lack jurisdiction to award damages for malicious prosecution absent customary or Islamic law rules; respondent failed to prove absence of reasonable and probable cause or malice.

Citation
20180920 TZHC Mbeya
Parties
Appellant: Rhoda Atupele; Respondent: Michael Isaya @ Luvanda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 September 2018
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Malicious Prosecution, Jurisdiction of Primary Courts, Damages
Source Language
English
Civil Procedure Tort Law Malicious Prosecution Jurisdiction of Primary Courts Damages

Case Brief

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Parties

Rhoda Atupele

Appellant

Michael Isaya @ Luvanda

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the primary court had jurisdiction to entertain claims for damages relating to malicious prosecution
  2. 2 Whether the appellant had reasonable and probable cause to initiate prosecution
  3. 3 Whether malice was proved against the appellant

Ratio Decidendi

Primary courts lack jurisdiction to award damages for malicious prosecution absent customary or Islamic law rules; respondent failed to prove absence of reasonable and probable cause or malice.

Court Disposition

appeal allowed

Orders

  • decisions of lower courts set aside
  • no order as to costs