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DANIEL LASSI
V.
FRANCES TORSU & 2 ORS

(2013) JELR 69936 (CA)

Court of Appeal 24 Jan 2013 Ghana
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- The Court of Appeal set aside the High Court’s award of damages for wrongful and malicious arrest and detention, finding no sufficient evidence that defendants directed the police or acted with malice or without reasonable and probable ca

Case Details

Suit Number:SUIT NO. HI/78/2011
Judges:ASARE-KORANG JA, OFOE JA, HONYENUGA JA
Counsel:MR. KWABENA NYANOR FOR DEFENDANT/APPELLANTS ,MR. CHARLES K. IMBEAH FOR THE PLAINTIFF/RESPONDENT

OFOE, J.A.

The plaintiff sued the defendants in the High Court claiming

“1. An order for payment of ¢40m being loss of income as allowances as a weekly lotto writer from September 2004 to March.

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.

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.

4. Interest on the total amount of ¢66m at the current Bank rate from 1st September 2004 to date of judgment.

5. General Damages for wrongful and malicious arrest and detention”.

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 tri…

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