Tumwesigye v Nyakake
Tumwesigye v Nyakake (Civil Appeal 25 of 2023) [2024] UGHC 852 (29 August 2024)
The court found that the respondent, as complainant, did initiate the criminal proceedings against the appellant. However, the evidence established that the respondent acted with reasonable and probable cause, as the criminal case was based on facts she genuinely believed to be true and the trial court found a prima facie case, putting the appellant on defence. The appellant failed to prove malice or improper motive in the respondent's actions. Since not all ingredients of malicious prosecution were proved on a balance of probabilities, the claim could not be sustained. Regarding costs, the t…
Source excerpt
- Malicious Prosecution
- Costs Award
- Probable Cause
- Judicial Discretion