The Appellant was charged at the District Court with the offence of receiving stolen property contrary to the provisions of section 311 (1) of the Penal Code. Subsequent to his acquittal from the criminal charges, the Appellant successfully instituted civil proceedings against the Respondents, for general damages arising from malicious prosecution. As a result, he was awarded damages to the tune of Tshs. 7,000,000.
Dissatisfied by the decision of the trial court in the civil proceedings, the Respondents successfully challenged it in the High Court through Civil Appeal No. 6 of 2012 in which, the first appellate Judge reversed the finding of the trial court. The said decision is the subject of this appeal to the Court.
The Respondents failed to lodge their written submission in terms of rule 106 (8) of the Rules, in opposition to the appeal within the prescribed period. They however later lodged an application, seeking for extension of time within which to file their written submission. However, the same was yet to be determined. The court allowed him to resist the appeal for the Respondents orally.