Jayawickrema v. Lanka Electricity Board And Another – sllr 2007 volume 2 page 406

The case between Jayawickrema (Plaintiff) and the Lanka Electricity Board and another (Defendants) addressed the issue of whether the plaintiff’s claims of malicious prosecution, malicious arrest, and causing nuisance could be substantiated against the defendants. It was held that the necessary elements for a claim of malicious prosecution—such as instigation of criminal proceedings, absence of reasonable and probable cause, malice, and damages—were not sufficiently established by the evidence. The principle reaffirmed that for malicious prosecution to succeed, the plaintiff must prove both the absence of reasonable cause and the presence of malice, as outlined in relevant statutory and case law authorities. The judgment emphasized the evidentiary requirements for such claims and clarified