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MUSA AND ANOTHER
V.
LIMO-WULANA AND ANOTHER

JELR 81660 (CA)

Court of Appeal Ghana
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- The Court of Appeal held that an action for malicious prosecution will not lie unless the plaintiff proves actual damage—scandal to reputation, danger to liberty, or pecuniary loss—and that a mere false report to police leading to prosecu

Case Details

Judges:AZU CRABBE C.J., SOWAH AND FRANCOIS JJ.A.
Counsel:E. O. Appiah for the appellants. Mahama for the respondents.
Other Citations:[1975] 2 GLR 290-301

 JUDGEMENT

Azu Crabbe C.J. This appeal is from a decision of the Circuit Court, Tamale, given on 29 November 1971, and arises in these circumstances: All the parties live at Limo village in the Northern Region of Ghana and the first appellant (hereinafter referred to as the first defendant) is the chief of the village. On 30 April 1971, the first defendant instituted separate civil proceedings in the District Court Grade II, Yendi, against the first and second respondents (hereinafter referred to as the first and second plaintiffs) claiming "¢100.00 for unlawfully fishing and polluting public water drinking dam." These proceedings were, however, struck out. On 6 May 1970, the first defendant, accompanied by the second appellant (hereinafter referred to as the second defendant), went to the police charge office, Yendi, and made a report which was recorded in the police station diary as follows:

"Wednesday 6 May 1970 47:8.10 a.m.

One Seidu Musah, chief of Limo village (first defendant) acc…

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