[1960]DLHC5349February 8, 1960High Court

BOATENG VII vs. YEBOAH AND OTHERS

The plaintiff complained that the defendants had offended him by paying dues to the Adontenhene of Abetifi without his consent. An arbitration was held where the defendants were found liable and paid pacification fees willingly. Subsequently, the defendants complained to the Adontenhene about the fees and later initiated a private prosecution against the plaintiff alleging extortion and threats, which after investigation, was found baseless.

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(His lordship stated the facts and continued). The evidence led before me by the plaintiff was that the three defendants had appeared before arbitrators at the Ahenfie in Abene upon a complaint lodged by the plaintiff in December, 1957, the complaint being that they had offended him by paying dues to the Adontenhene of Abetifi without his (the plaintiff’s) consent. The Korantenhene presided at the arbitration; the plaintiff did not sit thereon. The defendants, with others, were held liable by the arbitrators, and in consequence the defendants made an apology to the plaintiff in the presence of the elders. According to custom they paid pacification fees willingly, and provided Schnapps which all drank. On December 14, 1957, however, the defendants addressed to the Adontenhene of Abetifi a letter in which they complained of the pacification fees which they had had to pay at the arbitration. They alleged that the only accusation against them had been that they had contributed voluntary.....