Thuraiappah Nithyanandan vs. Sherman Sons Limited – SC APPEAL 101/2009-2024

In the case between Thuraiappah Nithyanandan (Plaintiff-Respondent) and Sherman Sons Limited, later Sherman Sons (Private) Limited (Defendant-Appellant), the court addressed the issue of whether the respondent’s cause of action was founded on malicious prosecution or the delict of abuse of process, and whether such a cause of action was time-barred under Section 9 of the Prescription Ordinance. It was held that the action concerned was not for malicious prosecution but rather for the delict of abuse of process, and that the action was prescribed by law, with the prescriptive period calculated from the date of arrest or remand. The principle reaffirmed was that statutory time limitations must be strictly applied according to the correct characterization of the wrongful act, and courts must