Festo vs Mwakabana, [1971] HCD 417

This case is about malicious prosecution case and it has provided element of MALICIOUS prosecution, read facts of the case then download.

The appellant unsuccessfully sued the respondent for malicious prosecution in
the Mbeya District Court. The circumstance out of which these proceedings arose
re as follows: there was a long standing dispute between the respondent and an appellant over the ownership of a piece of land. The appellant harvested maize growing on the land and the latter preferred a criminal complaint against the
former. In the complaint he alleged that the appellant had stolen his maize from
his shamba.

This shamba was the disputed area of land between the parties
which was established as being the respondents. As a result of the complainant the Police arrested the appellant and charged him with the theft of the maize valued at Shs. 655/=. He was found guild and was
sentenced to a fine of Shs. 400/= or months’ imprisonment in default.

He however appealed to the High Court and his conviction was quashed on the ground that the trial magistrate had misdirected himself in not considering the
defence of claim of right put forward by him