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WHAT IS MALICIOUS PROSECUTION ❓AND WHAT DOES THE LAW SAY ABOUT IT❓.



Zakaayo has been having disagreements with his family members for the last 2 years because they failed to agree on how to divide their late mother’s land. Then out of the blue, Nakito reported Zakaayo to police for breaking into her house. Another ‘friend’ of Zakaayo also told police how Zakayo used to talk about how he admired Nakito’s house and how he would love to one day enter and see if it looks like heaven even inside. But things turned around, the Magistrate and the court found that Zakayo was innocent and there was no proof of him having broken into Nakito’s house. After being released by the court, a vengeful Zakayo has declared that he is coming after Nakito for her baseless and vicious claims. 


CAN ZAKAYO TAKE ACTION AGAINST NAKITO? 


Yes, Zakayo can take legal action against Nakito. When a person (Nakito) starts (initiates or institutes criminal proceedings against another (Zakaayo) intentionally without probable cause or with malice, then the case is dismissed or the matter does not go to court, then this person (Nakito) is responsible for malicious prosecution against the other (Zakaayo). Since Nakito accused Zakayo of house breaking without any proof and reported the matter to police, then the case was dismissed by court, then Zakaayo has every right to sue her for malicious prosecution. Nakito would have to compensate Zakayo if court finds that she was liable for this. 


Have your haters ever tried to put you or a loved one in jail using baseless claims? We hope this information can come in handy.


📷: Unsplash


#BarefootLaw


#osutayusuf

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