Alwis and Others vs. Malwattevalley Plantations Ltd and Another – sllr 2019 volume 3 page 501

In Alwis and Others v. Malwattevalley Plantations Ltd and Another, the court considered whether an action for malicious prosecution, as a personal action grounded in actio injuriarum, survives the death of the plaintiff, and if the plaintiff’s heirs may be substituted. The sequence began with the dismissal of the plaintiff’s malicious prosecution claim at District Court, which was affirmed by the High Court. During the pendency of leave to appeal in the Supreme Court, the plaintiff passed away, prompting dispute over substitution of heirs. It was held that a personal action ordinarily abates upon death unless a judgment in favor has been obtained, but an exception applies if litis contestatio (the close of pleadings) has occurred. Citing established precedents, the decision reaffirmed that