MILLER
V.
ATTORNEY-GENERAL

JELR 85230 (HC)

High Court Ghana
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- The Republic (via the Attorney-General) was held vicariously liable in tort for assault and battery committed by a police officer (Lamptey), who, without reasonable grounds, shot a minor while purporting to arrest him for suspected theft;

Case Details

Judges:ABBAN J.
Counsel:S.A.X. Tsegah for the plaintiff. S.E. Asamoah, Senior State Attorney, for the defendant.
Other Citations:[1975] 2 GLR 31-45

ABBAN J.

The plaintiff is a boy of sixteen, and he brought the action through his father as his next friend. He is claiming ¢50,000.00 as damages for the head and brain injuries he suffered at the hands of one C. O. Lamptey who at the material time was a chief superintendent in the Ghana Police Service. On 2 October 1971, the plaintiff was shot by the said Lamptey in front of Aquinas Secondary School near the Cantonments roundabout, Accra. The plaintiff's version of the circumstances which led to the shooting was given by the plaintiff's second witness, Baba Sadiku.

The plaintiff's case

Baba Sadiku said the plaintiff's father gave a kente cloth to the plaintiff. The plaintiff did not like the cloth and, with the consent of the father, the plaintiff wanted to sell it. Baba Sadiku and the plaintiff had been friends since their elementary school days and they had continued seeing each other whenever the plaintiff came down to Accra from Adonten Secondary School, Aburi, on vacation. On 2 …

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