ATTA AND ANOTHER vs. AMOASI AND OTHERS [1976]DLCA360

Date	1976-03-29
Suit No.
Citation No.	[1976]DLCA360

APALOO J.A

ANIN J.A

FRANCOIS J.A.

SACKEYFIO FOR THE FIRST APPELLANT.

BADDOO FOR THE SECOND APPELLANT.

ACQUAH FOR THE RESPONDENTS.

[1976]DLCA360
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													<main id="main" class="content" style="min-height: 60rem" >ATTA AND ANOTHER <o:p></o:p>vs. <o:p></o:p>AMOASI AND OTHERS<o:p></o:p>&nbsp;[COURT
OF APPEAL, ACCRA]<o:p></o:p>[1976] 2 GLR 201<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
29 MARCH 1976.<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">

SACKEYFIO FOR THE FIRST APPELLANT.<o:p></o:p>

BADDOO FOR THE SECOND APPELLANT.<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">

APALOO, ANIN AND FRANCOIS JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF FRANCOIS J.A.<o:p></o:p>The three
respondents and the first appellant all belong to the Kona family of Sunkwa.
The first respondent is the head of family and the first appellant, the
twafohene, occupying the family stool. A strained relationship had existed
between the parties for some time. This stemmed mainly from a constitutional
difference arising from the purported deposition of the first appellant as
twafohene. At the time of the incidents complained of there was no love lost
between them.<o:p></o:p><o:p>&nbsp;</o:p>Early in
the New Year of 1972, that is, on 2 January., the respondents were marched off
from their homes at Sunkwa to a police station at Nkwantanum, some eight miles
away, on charges preferred against them by the first appellant in connection
with an alleged theft of 150 bags of cocoa from his farm. The respondents were
kept at the police station from 8.00 a.m. till their release on bail at 4 p.m.
They had thereafter to report weekly at the police station for a period of
seven weeks. Later the charges were dismissed and the parties urged to settle
their differences. The second appellant was the police officer involved in the
arrest.<o:p></o:p><o:p>&nbsp;</o:p>This was
not the first time the first appellant had laid a complaint against the
respondents. A previous charge had suffered a similar fate of summary dismissal
by a magistrate. On that occasion the charge was one of assault. The
respondents however felt on this second occasion that they had been vexed twice
too often and sought redress in the courts. They claimed damages: “against the
defendants jointly and severally for false imprisonment of the plaintiffs at
Nkwantanum Police Station on or about 2 January 1972.”<o:p></o:p><o:p>&nbsp;</o:p>The first
respondent set out their case as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“The
first defendant reported to the second defendant that the second and the third
plaintiffs and myself had stolen his 150 bags of cocoa. The sergeant ordered
our arrest. We were taken to Nkwantanum Police Station. I was arrested at
Sunkwa—about eight miles away from Nkwantanum. I was arrested at 7.30 a.m. and arrived
at the police station at about 8.00 a.m. I was kept behind the counter until
4.30 p.m. when I was released to go, after I had been bailed.”<o:p></o:p><o:p>&nbsp;</o:p>It would
appear that after his first complaint of assault had been thrown overboard the
first appellant became restive, as he complained:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Whenever
I got out, people hooted at me, even children insulted me when they saw me.
Life was unbearable, so I left Sunkwa. I went into voluntary exile. I was away
for nine months. I did not ask anybody to look after my property for me. Apart
from the stool properties, I had my own properties as a member of the family.”<o:p></o:p><o:p>&nbsp;</o:p>