[2018]DLHC5376 • May 2, 2018 • High Court
REGINALD NIIBI AYI-BONTE vs. SHOPRITE COMPANY LIMITED
The Plaintiff, Reginald Niibi Ayi-Bonte, a royal of the Ga State, mechanical engineer, politician, and lawyer, visited the Shoprite Osu branch on June 6, 2014, to purchase items. After paying and receiving a receipt and the items packed in Shoprite's customized bag, the anti-theft alarm triggered as he exited. Security personnel stopped and searched him and his bag in public view, comparing the items with the receipt. No stolen items were found. Despite this, the alarm triggered a second time, and he was held again, searched, and embarrassed in front of other shoppers. The Plaintiff claimed this caused humiliation, trauma, and injury to his reputation.
read morei. Introduction: [1] To paraphrase from the Quebec case of UMAN V. ZELLERS INC., 2001 CANLII 21934 (QC CQ) which dealt with similar facts: “The present case puts in conflict the right and the need of commercial establishments to protect themselves against shoplifting which is a scourge and those of individuals to the protection of their reputation, integrity and dignity, rights protected in law.” [2] This is an action for false imprisonment. The gist of such an action is the imprisonment. So far as Mr. Niibi Ayi-Bonte a royal of the Ga State, Mechanical Engineer, Politician and a Lawyer is concerned, what took place is this: On June 6, 2014 he visited the Osu shop of the Defendant Company in the company of a staff at his office known and called “Ayawaso Chambers” to purchase some items. He says after he purchased the items he needed, he approached the payment counter where the items were scanned, a bill was given and he paid immediately and the items were “packed in the ...