GYIMAH
V.
DONKOR

(1974) JELR 65302 (HC)    
High Court  ·  10 Jul 1974 ·  Ghana
 · 
Other Citations
[1974] 2 GLR 237
CORAM
ABBAN J.
Core Terms Beta
defendant
plaintiff
tafo police station
abena dade
adjowa sarpomaah
malicious prosecution
probable cause
front of the defendant
case of aubin v
opanyin kwasi marfo
police station
said sunday
chief of the town
criminal code
criminal proceedings
district court
instant case
morning of the said sunday
next day
plaintiff’s supporters
said council
said police station
sufficient grounds
wife’s house
cause of action
chieftaincy secretariat
consequence of the said prosecution
defendant’s arrival
district court grade
early hours of the morning
evidence of george asamoah
evidence of the plaintiff
evidence of the witnesses
false impression
first duty of a plaintiff
following persons
front part of his house
important questions
leave of the chief
plaintiff’s house
preferred destoolment charges
presence of adjowa sarpomaah
presence of the plaintiff
proof of this fact
reasonable person
said decision of the chieftaincy secretariat
said destoolment
s.c. azu crabbe j.s.c.
second witnesses
s house

ABBAN J.: The action is for the recovery of ¢10,000.00 as damages for malicious prosecution. The parties come from a town called Maase near Tafo in the Akim Abuakwa Traditional Area. At the time the cause of action arose, the plaintiff was the mankrado of that town.

In or about 1968, the plaintiff and some elders of the town preferred destoolment charges against the chief of the town before the Akim Abuakwa Traditional Council. The chief failed to appear before the said council to answer the charges, and he was declared destooled by the council. On appeal by the chief to the then Chieftaincy Secretariat (which at that time had appellate jurisdiction in chieftaincy matters) the judgment of the Akim Abuakwa Traditional Council was set aside, and a retrial was ordered. The said decision of the Chieftaincy Secretariat was published in the Ghana Gazette.

Owing to the constitutional dispute, the town of Maase had become divided into two opposing factions. One faction was in favour of the dest…

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