348/2014 Suit Syed Shafaat Ali & another. (Plaintiff) V/S Syed Farhat Ali & Others. (Defendant)

348/2014 Suit Syed Shafaat Ali & another. (Plaintiff) V/S Syed Farhat Ali & Others. (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 19-AUG-23

Plaintiff filed suit for recovery of damages for Malicious Civil Proceedings and Malicious Prosecution against Defendants. Whereas the Supreme Court of Pakistan had recognised malicious civil proceedings by the 1990s, the Supreme Court of the United Kingdom has only recently held that a claim in malicious prosecution could also be brought in relation to civil proceedings in Willers v. Joyce, [2016] UK SC44 (reported in 2016 SCMR 1841). Plaintiff was unable to establish through evidence the five (5) elements that form the basis for accepting or rejecting a suit for recovery of damages for malicious prosecution/malicious civil proceedings as laid down in the case of Niaz and Others v. Abdul Sattar and Others, PLD 2006 SC 432. In the circumstances, proving the six (6) principles for granting and/or refusing damages with regards to malicious prosecution/malicious civil proceedings as laid down in Muhammad Akram v. Mst Farman Bi, 1990 SC 28 is irrelevant. Suit dismissed.