BENIN J.: The plaintiff-appellant herein issued out a writ of summons at the District Court Grade 1, Tamale. By the particulars of claim, the appellant claimed against the defendant-respondent damages for false imprisonment and malicious prosecution. The court did not order the parties to file any pleadings so the case proceeded to trial summarily under Order 25, r.1 of the Courts Ordinance, Cap.4 (1951 Rev.). On the hearing date the plaintiff gave evidence on the events leading to his arrest by the police, his subsequent detention and assault on him by the police and finally his being unsuccessfully prosecuted at the District Court Grade II, Tamale. He was cross-examined by counsel for the respondent who made a submission under Order 40 of Cap. 4, which was replied to by counsel for the appellant. The learned trial magistrate there and then accepted the submission and non-suited the appellant and awarded ¢1,000 costs against him.
At the trial the appellant had testified that his arres…