[2023]DLHC17378 • October 12, 2023 • High Court
CATHERINE NSOR OF VITTIN DABOSHIE vs. JAMAILA MOHAMMED AND 6 OTHERS
The Applicant, a trader residing in Vittin Daboshie, was accused by the Respondents and their agents of stealing GH₵12,000 from the 1st Respondent's shop. She denied the allegation. Following the accusation, she was apprehended by a mob, subjected to severe beatings, torture, humiliation, false imprisonment, and trial by ordeal, including being taken to notorious 'Kandahar Boys' for further torture and threatened with death. She was eventually rescued by police after her sister intervened. The Applicant sustained serious injuries requiring hospital admission and ongoing treatment, resulting in permanent disability and psychological trauma.
read moreJUDGMENT Background This is an originating motion on notice filed by the Applicant, a woman in her prime age who is alleged to have suffered severe beatings, torture and humiliation in the hands of the Respondents and their agents on allegation that she had stolen money from the shop of the 1st Respondent. The application has invoked Article 33 of the 1992 constitution of Ghana as well as Order 67 of High Court Civil Procedure Rules 2004 (C.I. 47) for the Court to enforce the Applicant Fundamental Human Rights and Personal Liberty as against torture and humiliation she purportedly suffered and for damages against her assailants for breach of her rights. The application is against Seven (7) Respondents named on the originating motion on notice, however the 4th, 5 and 6th Respondents were not served with the application and as such the Applicant could not proceed against them since they are not aware of the pendency of the case for them to answer. Even though one lawyer Halid Abdu...