[1983]DLHC2163 • January 31, 1983 • High Court
NKRUMAH vs. FOLI AND ANOTHER
The plaintiff and her four daughters were arrested by the Sekondi Police on a complaint of assault lodged by the first defendant. They were detained, released on bail, and prosecuted before the District Court, Sekondi. The first defendant was the complainant and victim of the assault; the second defendant, her father, did not accuse anyone but was present at the police station and court. The criminal prosecution ended with the acquittal of the plaintiff and conviction of her four daughters. The plaintiff sued the defendants for unlawful arrest, false imprisonment, and malicious prosecution, claiming damages for loss of earnings, solicitor's fees, and transport costs. The defendants denied causing the arrest or prosecution and disputed the damages claimed.
read moreJUDGMENT OF TWUMASI J. The plaintiff claims against the defendants jointly and severally ¢10,000 damages for unlawful arrest, false imprisonment and malicious prosecution. The facts of the case were that on 21 November 1979, the plaintiff and her four daughters were arrested by the Sekondi Police and locked up in cells. They were released on bail the next day and later prosecuted before the District Court, Sekondi, on a charge of assault. The first defendant gave evidence as the complainant and victim of the assault. The second defendant is the father of the first defendant. He never accused anybody of assaulting him. He, however, went to the police station on the day the plaintiff and her four daughters were arrested and detained. He also attended court during the trial but never gave evidence. The criminal prosecution terminated with the acquittal of the plaintiff and the conviction of her four children. The plaintiff thereafter instituted this action claiming that her arrest and d....