Ratio DecidendiRatio DecidendiRatio Decidendi



BOATENG VII
V.
YEBOAH AND OTHERS

(1960) JELR 69643 (HC)    
High Court  ·  8 Feb 1960 ·  Ghana
 · 
Other Citations
[1960] GLR 17
[1960] GLR 17 - 19
CORAM
ACOLATSE J.

Ratio Decidendi

Core Terms Beta
plaintiff
defendants
complaint
evidence
pacification fees
probable cause
entry of a nolle prosequi
point
question
adontenhene of abetifi
attorney-general
criminal proceedings
december
letter
acolatse j.
assessment of the facts of the case
circumstances
considerable argument
criminal charge
criminal offence
direct english authority
direct proof
first defendant
halsbury’s laws
judicial officer
letter of december
local native authorities
malice
malicious prosecution
material times
means of a private prosecution
means of redress
means of threats
nolle prosequi
opinion malice
particularisation of threats
payment of the pacification fees
police magistrate
preliminary hearing
preliminary investigation
proof of the ingredients
prosecution of the plaintiff
question of malice
said fees
sufficient evidence
sufficient termination
supreme court of new south wales
view of the foregoing authorities
volume

ACOLATSE J.

(His lordship stated the facts and continued).

The evidence led before me by the plaintiff was that the three defendants had appeared before arbitrators at the Ahenfie in Abene upon a complaint lodged by the plaintiff in December, 1957, the complaint being that they had offended him by paying dues to the Adontenhene of Abetifi without his (the plaintiff’s) consent. The Korantenhene presided at the arbitration; the plaintiff did not sit thereon. The defendants, with others, were held liable by the arbitrators, and in consequence the defendants made an apology to the plaintiff in the presence of the elders. According to custom they paid pacification fees willingly, and provided Schnapps which all drank. On December 14, 1957, however, the defendants addressed to the Adontenhene of Abetifi a letter in which they complained of the pacification fees which they had had to pay at the arbitration. They alleged that the only accusation against them had been that they had contributed …

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