Kalu Banda v. Rajakaruna – sllr 2002 volume 3 page 044

In the case between Rajakaruna (defendant-petitioner) and Kalu Banda (plaintiff-respondent), the court examined whether a civil action for damages based on the Roman Dutch law principle of actio injuriam could be maintained while related criminal proceedings were still pending. It was determined that the cause of action accrues under Roman Dutch law regardless of the pendency of the criminal case, departing from the stricter English law requirement that criminal proceedings must have been terminated. Reference was made to precedent cases such as Rangani v. Kirihamy, Somasiri v. Petroleum Corporation, and Alwis v. Edward Ahangama. The findings established that technicalities rooted in English law should not preclude the pursuit of such claims under Roman Dutch law. The defendant-petitioner’