[1963]DLSC10980 • February 25, 1963 • Supreme Court •
YEBOAH AND OTHERS vs. BOATENG VII
The appellants, who were stool tenants, were involved in a dispute with the respondent, a paramount chief, over the payment of tributes or dues. After disregarding the respondent's warning against paying dues to the Adontenhene without his consent, the appellants were found guilty at an arbitration and ordered to pacify the respondent according to custom. Despite this, the appellants initiated criminal proceedings against the respondent alleging unlawful extortion. The criminal proceedings were discontinued by the Attorney-General via nolle prosequi, leading to this action for malicious prosecution by the respondent.
read moreThis is an appeal by the defendants-appellants from the judgment of Acolatse J. in an action for malicious prosecution in which he entered judgment for the plaintiff-respondent for damages amounting to 750 guineas, inclusive of costs. The first duty of a plaintiff in an action for malicious prosecution is to prove that the defendant instituted criminal proceedings against him or was actively instrumental in putting the law in force against him in proceedings which terminated in his favour. But proof of this fact alone will not avail him unless he proves further that the defendant acted without reasonable and probable cause and was guilty of malice. Lastly, the plaintiff must prove that he suffered damage as a result of the prosecution. Before dealing with the evidence I should first examine a few of the relevant authorities on the subject and then state the legal position as I understand it. The prosecution in this case was commenced by way of preliminary investigation before a...