wilbard lemunge vs father komu another 2018 tzca 195 9 october 2018

wilbard lemunge vs father komu another 2018 tzca 195 9 october 2018

The appellant failed to establish the absence of reasonable and probable cause and malice on the part of the respondents. The respondents' actions were justified under the circumstances, and the mere acquittal of the appellant did not suffice to prove malicious prosecution. Therefore, the High Court was correct in reversing the trial court's award of damages.

Citation
wilbard lemunge vs father komu another 2018 tzca 195 9 october 2018
Parties
Appellant: Wilbard Lem Unge; Respondent: Father Komu; Respondent: The Registered Trustees of the Diocese of Moshi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 October 2018
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Malicious Prosecution, Damages, Appeals
Source Language
English
Tort Law Civil Procedure Malicious Prosecution Damages Appeals

Case Brief

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Parties

Wilbard Lem Unge

Appellant

Father Komu

Respondent

The Registered Trustees of the Diocese of Moshi

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant established all elements of malicious prosecution against the respondents
  2. 2 Whether the High Court erred in reversing the trial court's award of damages for malicious prosecution

Ratio Decidendi

The appellant failed to establish the absence of reasonable and probable cause and malice on the part of the respondents. The respondents' actions were justified under the circumstances, and the mere acquittal of the appellant did not suffice to prove malicious prosecution. Therefore, the High Court was correct in reversing the trial court's award of damages.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.