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BANINI (AN INFANT)
V.
ASARE

(1989) JELR 67390 (HC)

High Court 31 Jul 1989 Ghana
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- The court held the defendant liable in damages for assault and battery, rejecting his defences of self-defence and defence of property, as the use of force was neither reasonable nor necessary in the circumstances. - The key legal princip

Case Details

Judges:LUTTERODT J.
Other Citations:[1992] 1 GLR 353

LUTTERODT J.

This action is brought by Eric Banini, an infant, per his next friend, his father Daniel Kobla Banini of the Ghana Atomic Commission, Accra.

It is yet another classic case of the plaintiff setting up, as far as the main facts leading to the claim are concerned, facts entirely different from the defendant’s and one in which there is no independent or disinterested person testifying in the matter. The court is therefore faced with choosing one of the rival claims. The only common ground between the parties is that on the night of 18 July 1983 the plaintiff who at the material time was a schoolboy aged sixteen went on to the defendant’s farms to steal five cobs of corn. He was caught by the defendant, the owner of the farm, but he ended up, as far as his hands were concerned, not quite in the same shape in which they came. He ended up at the Military Hospital with the following injuries.

1. “Complete transaction of superficial and deep palm muscles and tendons especially of th…

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