[1960]DLCA49 • January 19, 1960 • Court of Appeal
AMEGBE vs. TEPA
The case concerns an allegation of malicious prosecution arising from a criminal charge of forgery based on fingerprints. The defendant had sworn an affidavit supporting a motion in a native court suit, which included statements that led the native court panel to forward the affidavit to the police. The police then instituted criminal proceedings against the plaintiff, which were later discontinued, resulting in the plaintiff's discharge.
read moreJUDGMENT OF KORSAH C.J. This is an appeal from the decision of the Divisional Court, Accra refusing to grant an order of certiorari to remove and quash the proceedings and judgment of the Kpandu District Native Court “A” in a suit in which plaintiff claimed damages for defamation. He alleged that he had been slandered in that the defendant had said at a public meeting:- (a) That plaintiff must cease applying the title of “Odikro” to himself; (b) That he (the defendant) would sue plaintiff before any competent court if plaintiff continued using the title of “Odikro”. The plaintiff had, in fact, been elected and installed, and had been known as “odikro” over a period of eight years, and there has been, and is, no dispute as to this fact. The defendant admitted publishing these words concerning the plaintiff, and explained that he gave this warning because one Katamantu once said in an arbitration that the real post or title of the plaintiff in the Twi ...