A. Introduction:

This is an appeal by the Appellant/Plaintiff against the dismissal of his suit against the Respondent/Defendant for malicious prosecution by the learned Sessions Court Judge Tawau (SCJ) on 15.03.1999. In dismissing the action the learned SCJ found that that the Appellant/Plaintiff failed to prove that it was the Respondent/Defendant who set the criminal law in motion against the Appellant/Plaintiff. And while finding that the criminal proceeding was terminated in favour of the Appellant/Plaintiff as well as that the Respondent/Defendant 'did not have before him a state of circumstances which would reasonably lead any ordinarily of (sic) prudent and cautious man to conclude that the Plaintiff was probably guilty of misappropriating the RM80,000.00' the learned SCJ also concluded that the Respondent/Defendant was not actuated with malice. According to the learned SCJ the Appellant/Plaintiff also failed to prove damage. And she went on to say that in the event that she was wrong in her conclusion she was only prepared [2] to award the Appellant/Plaintiff a nominal sum of RM1.00 for general damages and the legal fee of one counsel for the criminal trial.

Being