AUGUSTINO PETER v. TAUSI SELEMANI (2015)

Sh 14,500.00

False imprisonment – burden of proof is on defendant to prove that the restraint was lawful.

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Description

  • False imprisonment – burden of proof is on defendant to prove that the restraint was lawful.
  • False imprisonment – the plaintiff’s duty is to prove that he was restrained.
  • False imprisonment – plaintiff arrested and restrained under police custody then released – defendant guilty of false imprisonment.
  • Doubtful demeanor and credible demeanor – demeanor of a witness.
  • Assessment of credibility of a witness is the prerogative of the trial court except if there are circumstances which call for reassessment – reassessment of evidence.
  • Damages for false imprisonment – 50,000,000/- awarded.