20190614 TZHC Dar es Salaam 1
The appellant and Philips Distributors Ltd had probable cause to report and facilitate investigation of the burglary, and the evidence did not establish malice. Therefore, the claim for malicious prosecution was not proved.
- Citation
- 20190614 TZHC Dar es Salaam 1
- Parties
- Appellant: Security Group (T) Ltd; Respondent: Abeid Bwagi; Respondent: Bryson Mlemba; Respondent: Mohamed Azizi Mohamed; Respondent: Makarios Mkamati; Respondent: Abdulrazack Makwita
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 June 2019
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Malicious Prosecution, Damages, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Security Group (T) Ltd
Appellant
Abeid Bwagi
Respondent
Bryson Mlemba
Respondent
Mohamed Azizi Mohamed
Respondent
Makarios Mkamati
Respondent
Abdulrazack Makwita
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the respondents were maliciously prosecuted
- 2 Whether the criminal proceedings were initiated without reasonable or probable cause
- 3 Whether the respondents are entitled to compensation for malicious prosecution
Ratio Decidendi
The appellant and Philips Distributors Ltd had probable cause to report and facilitate investigation of the burglary, and the evidence did not establish malice. Therefore, the claim for malicious prosecution was not proved.
Court Disposition
appeal allowed
Orders
- Judgment and proceedings of the trial court quashed
- No order as to costs
Full Case Text
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