DON SIMON APPUHAMI et al. v. MARTHELIS ROSA.

Present; Mr. Justice Wood Renton.

DON SIMON APPUHAMI et al. v. MARTHELIS ROSA.

C. R. Negombo, 13,370.

Misjoinder of causes of action-Several persons injured by one wrongful act-Distinct causes of action-One suit-Civil Procedure Code ss.11 and 17.

Where two persons, who were arrested and charged together with the same offence in the same case and were acquitted, sued in one action for damages for malicious arrest and malicious
prosecution-

Held, that the cause of action accruing to each was separate and distinct, and that the two causes of action should not have been combined, and that the suit was bad for misjoinder of causes of action.

The principle laid down in Sadler v. The Great Western Railway Co. (1896) App. Cas. 450 followed.

The authority of Booth v. Briscoe (2 Q. B. D. 496) doubted.

THE plaintiffs sued the defendant in one action for damages for malicious arrest and malicious prosecution, in that the defendant falsely and maliciously and without reasonable or probable cause, caused them to be arrested on a charge of causing mischief to a bull and thereafter prosecuted them for the same offence in the P

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