Malicious prosecution

Sierra Leone — Court of Appeal · 1951

Principle established: In malicious prosecution, the plaintiff bears the burden of proving absence of reasonable and probable cause, and malice is necessarily inferred when the prosecutor knowingly suborns perjured evidence.

Sierra Leone — African Law Reports · 1950-56

Principle established: In malicious prosecution, the plaintiff bears the burden of proving absence of reasonable and probable cause, and malice is necessarily inferred when the prosecutor knowingly suborns perjured evidence.

Sierra Leone — Supreme Court · 1961

Principle established: A corporate principal is liable for malicious prosecution when its agent initiates criminal proceedings without reasonable and probable cause and with improper motives.

Sierra Leone — Court of Appeal · 1953

Principle established: Entry of a nolle prosequi constitutes sufficient termination of criminal proceedings in the plaintiff's favour to sustain an action for malicious prosecution.

Sierra Leone — African Law Reports · 1950-56

Principle established: The entry of a nolle prosequi constitutes a sufficient termination of criminal proceedings in the plaintiff's favour to sustain an action for malicious prosecution.

South Africa · 2022

Principle established: Condonation for the late service of a statutory notice on an organ of state may be granted where the debt has not prescribed and good cause for the delay is shown.

Sierra Leone — Supreme Court · 1961

Principle established: An action for malicious prosecution fails where the defendant honestly believed in the truth of the charge preferred against the plaintiff and acted with reasonable cause.

Zimbabwe · 2024

Principle established: Damages for malicious prosecution and malicious arrest are awarded to compensate for the injury to reputation and liberty caused by the wrongful initiation of criminal proceedings.

Sierra Leone — Court of Appeal · 1962

Principle established: In an action for malicious prosecution against a principal, the plaintiff bears the burden of proving that the principal's agent instituted the criminal proceedings and had authority to do so.

Sierra Leone — Court of Appeal · 1962

Principle established: To establish malicious prosecution against a corporation, the plaintiff must prove that the corporation was the prosecutor and that the acting employee had authority to initiate criminal proceedings on its behalf.