Judgment[1993] KEHC 116
Case law
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Division and case type: CivilCivil Suit
…It is the plaintiff’s case that his prosecution was malicious and his dismissal wrongful.…
…Two matters must be established before the tort of malicious prosecution can be sustained.…
Division and case type: Milimani Commercial CourtsCivil Case
…In the Katerregga case, at page 289 per Mead J at paragraph B it is said that for the plaintiff to succeed on the grounds of malicious prosecution five basic essentials have to be satisfied.…
…The result is that the plaintiff is entitled to general damages only for wrongful arrest, false imprisonment and malicious prosecution. For wrongful arrest I award the plaintiff damages of Kshs 1,000.…
Division and case type: CivilCivil Case
…It is accepted that in an action for malicious prosecution the plaintiff cannot succeed unless he establishes the following essential ingredients of the tort known as malicious prosecution.…
…Was the alleged arrest and imprisonment of the plaintiff unlawful and the prosecution that followed malicious?…