John Juma Muchelesi v Grace Mang’eni Nabukiyabi (Civil Appeal 34 of 2018) [2021] KEHC 1909 (KLR) (9 November 2021) (Judgment)

Facts

The appellant sued the respondent for tortous assault, malicious prosecution, and false imprisonment. The respondent denied the allegations and claimed the appellant was the author of his own misfortune.

Issues

1. whether the appellant was charged
2. whether the prosecution was terminated in the appellant’s favor
3. whether the prosecution was actuated by malice
4. whether the appellant has a reasonable appeal

Reasoning

The court found that the prosecution was reasonable and not actuated by malice, and that the appellant had no reasonable cause of action.

Outcome

Appeal dismissed

Authorities cited