20181009 TZCA Arusha2

20181009 TZCA Arusha2

The appellant failed to establish the third and fourth elements of malicious prosecution, namely lack of reasonable and probable cause and malice. The first respondent's actions were reasonable under the circumstances, and there was no evidence of ill-will or improper motive. As all elements must be cumulatively satisfied, the claim for malicious prosecution could not stand.

Citation
20181009 TZCA Arusha2
Parties
Appellant: Wilbard Lemunge; 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 / Judgment on Second Appeal
Outcome
appeal dismissed
Legal Topics
Malicious Prosecution, Damages, Elements of Tort, Burden of Proof
Source Language
English
Tort Law Civil Procedure Malicious Prosecution Damages Elements of Tort Burden of Proof

Case Brief

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Parties

Wilbard Lemunge

Appellant

Father Komu

Respondent

The Registered Trustees of the Diocese of Moshi

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the appellant established all elements required for malicious prosecution
  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 third and fourth elements of malicious prosecution, namely lack of reasonable and probable cause and malice. The first respondent's actions were reasonable under the circumstances, and there was no evidence of ill-will or improper motive. As all elements must be cumulatively satisfied, the claim for malicious prosecution could not stand.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.