[1966]DLSC1750 • May 2, 1966 • Supreme Court •
SOADWAH ALIAS SONDURA AND OTHERS vs. OBENG AND OTHERS
The appellant, Soadwah, complained by letter and affidavit to the police that his house had been broken into and personal effects stolen by the respondents. The respondents were prosecuted before the District Court at Goaso and acquitted. The respondents alleged malicious prosecution, claiming the appellant maliciously and without reasonable cause initiated unfounded charges against them. The appellant contended he merely gave information to the police who exercised their discretion to prosecute.
read moreJUDGMENT OF MILLS-ODOI J.S.C. I agree with the reasons in the judgment which my brother Akainyah is about to read for our allowing this appeal. It is not necessary to recapitulate the facts in this case; they are clearly and exhaustively stated in the judgment of my brother. Nor is it necessary for me to say more as to the conclusions to be drawn from the facts. The case is relatively simple. It is not in dispute that the appellant transmitted to the Assistant Commissioner of Police, Ashanti, a letter dated 13 May 1960 (exhibit B) in which he complained that his house had been broken into and that some of his personal effects had been stolen by the respondents. The letter was accompanied by an affidavit sworn to by the appellant; it was marked exhibit E in the court below. It is equally not in dispute that the respondents were prosecuted before the district court at Goaso upon the charge of stealing from the dwelling-house of the appellant and were acquitted and discharged. The rea...