Jacob Tibifumula v. Ntange Bebwa, (PC) Civ. App. 208-M-66, 4/12/67, Cross J.

Jacob Tibifumula v. Ntange Bebwa, (PC) Civ. App. 208-M-66, 4/12/67, Cross J.

Plaintiff had been convicted of threatening to burn premises in a trial in which defendant had been among the complainants. He served 80 days of a sentence of 4 months’ imprisonment before his appeal was allowed and the conviction quashed. In the trial of the action brought by the plaintiff, the magistrate found that the defendant’s action in reporting the matter to the magistrate in the previous case had been reasonable and not malicious.

            Held: “In any case the …. Imprisonment was not at the instance of the (defendant) but by virtue of the judgment of the primary court …. In the circumstances the ….. civil action. … could not possibly succeed on a claim for false imprisonment.”