Wijeratne, W.M.D.D.G. V. Gabriel, K.D.

1954 Present: Gratiaen J. and Fernando A.J.

W. M. D. D. G. WIJERATNE, Appellant, and K. D. GABRIEL,
Respondent

S. C. 451-D. C. Colombo, 19,487K
 

Delict-Actio legis Aquiliae-Computation of prescriptive period-Damage is gist of action-Prescription Ordinance (Cap. 55), s. 9.

In actions under the lex Aquilia and in other actions in which proof of patrimonial loss is a condition of liability, the period of prescription does not begin to run until some damage has actually occurred.

Plaintiff was the Headmaster, and the defendant an Assistant Master, of a school. Plaintiff alleged that defendant " falsely and maliciously in order to put the plaintiff into trouble and to cause him loss " falsified certain attendance registers of the school on June 15, 1944, and that in consequence of an investigation by his employers into these irregularities his services as Headmaster were discontinued on December 1, 1947. He claimed that a cause of action accrued to him for the recovery of Rs. 7,500 as damages from the defendant. Defendant pleaded that the action, which was instituted on May 28, 1948, was prescribed.

Held, that the date o

Click Here to Read the rest of this document