Alwis v. Ahangama – sllr 2000 volume 3 page 225

In the case between the plaintiff (an Attorney-at-Law and City Coroner of Colombo) and the defendant (an Engineer employed by the Ceylon Electricity Board), the court addressed whether an action for injuria under Roman-Dutch Law is maintainable in instances where a false allegation of theft—absent a genuine prosecution—has resulted in wrongful arrest. The court held that the defendant’s knowingly false allegation, made without reasonable or probable cause, constituted injuria, thus affirming the availability of such an action even where criminal prosecution was not pursued. The applicable principle reaffirmed was that liability for injuria arises when a person, motivated by malice and lacking justifiable cause, causes another’s arrest through false legal process. The decision cited Roman-D