1916 Present : Shaw A.C.J.

FERNANDO v. PIERIS.

221-C. R. Colombo, 50,412,

Action far damages for illegal arrest-Malice-Arrest of one person on warrant obtained against another.

Malice is immaterial in an action for damages for illegal arrest.

" The appellant was not, and never had been, known as M. T. Fernando, and his arrest on a warrant against such a person was illegal."

THE facts appear from the judgment.

M. W. H. de Silva, for appellant.-The warrant on which the appellant has been arrested is directed against Manadewage Thegis Fernando. The appellant has never been known by that name. The respondent is merely an executive officer, who should execute

the warrant against the person named. He cannot arrest some other on the ground that the warrant was meant against that other,  though in fact it was so meant (Hoye v. Bush1[1 M. & G. 775.]). 

There has been malice in this instance; even otherwise the defendant is liable (De Alwis v. Murugappa Chetty2[(1909) 12 N. L. R. 353.]).

No appearance for respondent.

September 11, 1916. SHAW A.C.J.-

The appellant sued the defendant, who is the Police Vidane of Watarappola, for damages of ill