Ahmed Alhadi V. Ibrahima Allie (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Malicious prosecution— Ingredients to be proved by Plaintiff in order to succeed—Misration of evidence not fatal if other admissible evidence suffices—-Defendant an administration in an official capacity-Protection afforded by saction 5 of the Administration of Estates Ordinance (Cap. 3) considered.

Facts

The plaintiff recovered judgment against the defendant Sor damages for malicious prosecution. The trial Judge admitted as against the defendant certain inadmisible evidence, and to some extent relied upon it on the inue of malice, but there was other evidence supporting the Judge’s conclusions The Court also considered the matters which most be proved in onder to enable a plaintiff to succeed in an action for malicious prosecution.

Held

The plaintiff must prove (1) that the prosecution terminated in his favour; (2) that the prosecution was instituted maliciously; (3) that the defendant acted without masonable and probable cause.

Held further, that the misreception of inadmissible evidence was not fatal. Excluding that evidence, there was ample evidence to support the fadings of fact.

Held further, that the protection afforded by section of the Administration of Estates Ordinance of relief from liability of an official administrator only applied where the administrator had acted bona fide The defendant had acted male fide and the said section afforded no protection.

Appeal dismissed.