DANIEL LASSI vs. FRANCES TORSU, LUCAS AND VAG WEST AND OBIRI [2013]DLCA8147

Date	2013-01-24
Suit No.	SUIT NO. HI/78/2011
Citation No.	[2013]DLCA8147

ASARE-KORANG J.A

OFOE J.A

HONYENUGA J.A

MR. KWABENA NYANOR FOR DEFENDANT/APPELLANTS

MR. CHARLES K. IMBEAH FOR THE PLAINTIFF/RESPONDENT

[2013]DLCA8147
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													<main id="main" class="content" style="min-height: 60rem" >DANIEL LASSI<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>FRANCES TORSU, LUCAS AND VAG WEST AND OBIRI<o:p></o:p>(DEFENDANTS/APPELLANTS)<o:p></o:p>[COURT OF APPEAL,
ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. HI/78/2011&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 24TH JANUARY, 2013<o:p></o:p>

</div>COUNSEL.<o:p></o:p>MR.
KWABENA NYANOR FOR DEFENDANT/APPELLANTS<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

MR.
CHARLES K. IMBEAH FOR THE PLAINTIFF/RESPONDENT<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:0cm 0cm 1.0pt 0cm">

ASARE-KORANG
J.A, OFOE J.A, HONYENUGA J.A<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>OFOE,J.A:<o:p></o:p>The
plaintiff sued the defendants in the High Court claiming<o:p></o:p>“1. An
order for payment of ¢40m being loss of income as allowances as a weekly lotto
writer from September 2004 to March.<o:p></o:p>2.
Payment of ¢16m being loss of income as French teacher of Valley Preparatory
School at Adamorabe near Aburi-Akwapim from September 2004 to March 2006.<o:p></o:p>3.
Payment of ¢10m being income lost as part time French teacher as home teacher
in 3 homes in Medina/Adenta from September 2004 to March 2006.<o:p></o:p>4.
Interest on the total amount of ¢66m at the current Bank rate from 1st
September 2004 to date of judgment.<o:p></o:p>5.
General Damages for wrongful and malicious arrest and detention”.<o:p></o:p><o:p>&nbsp;</o:p>He
contended before the trial High Court that it was the defendants who
masterminded his arrest, incarceration and eventual prosecution before the
District Magistrate Court where he was after trial acquitted and discharged.
This criminal prosecution caused him certain financial losses and damages,
hence his claim before the trial High Court as quoted above. At the end of
trial his claims 1, 2, 3 and 4 were dismissed for failing to provide evidential
support. He was however awarded GHC5000 general damages for his 5th
claim with cost of GHC3000.The trial judge was really very terse in his
treatment of the plaintiff’s claim as will be found quoted hereunder. All he
said was that:<o:p></o:p>“There
was evidence that the plaintiff was detained wrongfully at the Kotobabi Police
Station for three days then later remanded for one week in James Fort Prison”.<o:p></o:p>&nbsp;There was no evidence that he was staking VAG
West Lotto. The evidence was that he was staking Department of National
Lotteries weekly lotto as well as Last Chance Lotto. This is a far cry for the reason,
for which he was arrested, to wit, for staking VAG West Lotto. In Adejumo vs Abejunde(1965) GLR499 at page
511, it is said “ In an action for false imprisonment, the plaintiff does
not need to prove that the imprisonment was unlawful but established a prima
facie case that he was imprisoned by the defendant. The onus then shifts on the
defendant to prove justification for the imprisonment. Apaloo JSC at page 511
said:<o:p></o:p>“Although plaintiff was technically imprisoned by the
police, it seems plain that both defendants made a charge on which it became
the clear duty of the police to act. They did more than give bona fide
information to the police and cannot therefore shield themselves behind the
police”. <o:p></o:p>After
this quote the trial judge continued:<o:p></o:p>“I
therefore find and hold that plaintiff’s arrest, prosecution and detention was
unlawful. The defendants could not justify.”<o:p></o:p>It
is not surprising that the defendants are</main>