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BOATENG VII
V.
YEBOAH AND OTHERS

(1960) JELR 69643 (HC)

High Court 8 Feb 1960 Ghana
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- The court held the defendants liable for malicious prosecution, finding they lacked reasonable and probable cause and acted with malice in instigating criminal proceedings against the plaintiff. - The court affirmed that the entry of a no

Case Details

Judges:ACOLATSE J.
Counsel:KWAW-SWANZY FOR PLAINTIFF,KORANTENG ADDOW FOR DEFENDANTS
Other Citations:[1960] GLR 17, [1960] GLR 17 - 19, JELR 82347

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 v…

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