WHAT IS MALICIOUS PROCECUTION

Malicious prosecution is an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge. In order to succeed the plaintiff must prove that there was a prosecution without any just and reasonable cause, initiated by malice and the case was decided in the plaintiff’s favour.

There are five ingredients to the tort of malicious prosecution, namely:

  1. The proceedings must have been instituted, or continued by the defendant;
  2. He must have acted, without reasonable and probable cause
  3. He must have acted, maliciously,
  4. The proceedings must have been unsuccessful.
  5. That the plaintiff has suffered damage

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