GYIMAH vs. DONKOR [1974]DLHC2282

Date	1974-07-10
Suit No.
Citation No.	[1974]DLHC2282

ABBAN J.

W. K. ACHIAMPONG FOR THE PLAINTIFF.

DR. M. OKYERE-BOATENG FOR THE DEFENDANT.

[1974]DLHC2282
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">GYIMAH <o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:Times;
mso-bidi-font-family:Times;color:#548DD4;mso-themecolor:text2;mso-themetint:
153">DONKOR <o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1974] 2 GLR 237<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
10 JULY 1974.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

W. K.
ACHIAMPONG FOR THE PLAINTIFF.<o:p></o:p>

DR. M.
OKYERE-BOATENG FOR THE DEFENDANT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

ABBAN J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ABBAN J.<o:p></o:p>The
action is for the recovery of ¢10,000.00 as damages for malicious prosecution.
The parties come from a town called Maase near Tafo in the Akim Abuakwa
Traditional Area. At the time the cause of action arose, the plaintiff was the
mankrado of that town.<o:p></o:p><o:p>&nbsp;</o:p>In or
about 1968, the plaintiff and some elders of the town preferred destoolment
charges against the chief of the town before the Akim Abuakwa Traditional
Council. The chief failed to appear before the said council to answer the
charges, and he was declared destooled by the council. On appeal by the chief
to the then Chieftaincy Secretariat (which at that time had appellate
jurisdiction in chieftaincy matters) the judgment of the Akim Abuakwa
Traditional Council was set aside, and a retrial was ordered. The said decision
of the Chieftaincy Secretariat was published in the Ghana Gazette.<o:p></o:p><o:p>&nbsp;</o:p>Owing to
the constitutional dispute, the town of Maase had become divided into two
opposing factions. One faction was in favour of the destoolment of the chief,
and the other was against the said destoolment. The plaintiff was the leader of
the faction which was bent on destooling the chief, while the defendant was one
of the principal advisers and supporters of the chief.<o:p></o:p><o:p>&nbsp;</o:p>It seems
the decision of the Chieftaincy Secretariat, referred to above, was published
on Friday 3 May 1968, and it became known to some of the people in the town,
including the parties herein, on Saturday 4 May 1968. The plaintiff said on the
next day, Sunday 5 May 1968, in the early hours of the morning at about 5.30
a.m., one Opanyin Kwasi Marfo called at the plaintiff ‘s house. The purpose of
the visit was to find out from the plaintiff how and when the funeral rites of
their relative, who had been buried on the previous day, were going to be
performed. After the plaintiff and Opanyin Kwasi Marfo had discussed the
subject for some time, they decided to go and see one Kwame Sei, another
relative of theirs, for the final decision. But before they left the
plaintiff’s house, they heard a noise which indicated that there was fighting
going on in the town.<o:p></o:p><o:p>&nbsp;</o:p>When they
came out of the house, the plaintiff found that fighting had broken out between
the plaintiff’s supporters and those of the chief. The plaintiff attempted to
separate those engaged in the fight; but when he realised that the fighting was
fierce, and it was becoming dangerous, he hired a lorry to take him to Tafo
Police Station to make a report. It may be observed that because of the
destoolment charges pending against the chief of the town, the chief had been
suspended and the plaintiff, as the mankrado, had been appointed by the Akim
Abuakwa Traditional Council to act as the regent.<o:p></o:p><o:p>&nbsp;</o:p>At Tafo
Police Station, the plaintiff asked the inspector-in-charge to send policemen
to the town of Maase to restore order. Incidentally, Opanyin Kwasi Marfo, who
had been with the plaintiff since 5.30 a.m. that day, accompanied the plaintiff
to Tafo Police Station. The inspector agreed to despatch some of his men to
Maase as requested by the plaintiff; but while the policemen were making
preparations to go along with the plaintiff, the defendant also arrived at the
police station. In the presence of the plaintiff, the defendant told the</main>