De Alwis vs Malwatte Valley Plantations Limited – WP/HCCA/COL/38/2010-2019

In the case between Usha Amala De Alwis, W. Ravini Padmangi De Alwis Karunaratne, and W. Sanjaya Ruwan De Alwis (substituted as heirs of W. L. M. N. De Alwis, deceased) and Malwatte Valley Plantations Limited and L. R. Anthony Perera, the court addressed the issue of whether an action for malicious prosecution abates upon the death of the plaintiff, particularly when litis contestatio (the close of pleadings) has been reached. It was held that the cause of action survives the plaintiff’s death where the stage of litis contestatio had been attained, permitting substitution of heirs. This determination reaffirmed the principle that “actio personalis moritur cum persona” applies subject to the significant exception at litis contestatio, whereby the substantive rights become fixed. Reliance wa