Seyadu Ismail vs Mohamadoe Assen – clr volume 1 page 018

In the case between Seyadu Ismail (plaintiff) and MohamadOe Assen (defendant), the court addressed the issue of whether a discharge of the defendant under section 168 of the Criminal Procedure Code, following a finding of no evidence, amounts to a final determination in the underlying criminal prosecution sufficient to support a claim for damages for malicious prosecution. It was held that such a discharge conclusively terminates the prosecution for the purposes of malicious prosecution claims, clarifying that further legal proceedings may commence only by fresh complaint, and reaffirming the principle that the right to sue for damages arises once the original proceeding has been finally resolved in the plaintiff’s favor. The decision relied on statutory interpretation of section 168 and e