[1963]DLSC11127 • June 19, 1963 • Supreme Court •
YEBOAH AND OTHERS vs. BOATENG VII
The appellants, who were stool tenants, were prosecuted by the respondent, a paramount chief, for extortion under customary law after they collected voluntary contributions for a secondary school without the respondent's consent. The appellants had previously been found guilty at a customary arbitration and ordered to pacify the respondent. The criminal proceedings were initiated but discontinued by the Attorney-General via nolle prosequi before trial.
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 dist...