The Respondent sued the Appellant for malicious prosecution. He was awarded damages in the sum of Tshs. 767,500/= with costs. The Appellant unsuccessfully appealed to the PRM with Extended jurisdiction at Dodoma. The Appellant having lost his appeal before the PRM opted for an appeal before this Court to challenge the award of Tshs. 767,500/= with costs in favour of the Respondent. His appeal was based on the ground that the Appellate Honourable court erred in law and in fact for not considering the question of whether the Appellant suffered damages or not.
Before the start of the hearing of the appeal, the Court invited the parties to address it on the competency or otherwise of the appeal. The Court noted that the impugned judgment was delivered on 15/2/2013 while the Notice of Appeal shows that the said decision was given on 18/2/2013.