Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NKRUMAH
V.
FOLI AND ANOTHER

(1983) JELR 63681 (HC)    
High Court  ·  31 Jan 1983 ·  Ghana
 · 
Other Citations
[1982-83] GLR 1046
CORAM
TWUMASI J.

Ratio Decidendi

Core Terms Beta
plaintiff
first defendant
person
daughters
evidence
probable cause
second defendant
law
malicious prosecution
police station
reasonable grounds
defendants
instant case
legal process
first plaintiff witness
good reason
police officer
complaint of assault
criminal prosecution
detention of the plaintiff
district court
john lewis
mere complaint
unlawful arrest
acquittal of the plaintiff
caution of the danger of injustice
charge of assault
criminal law
criminal procedure code
defendants of malicious prosecution
entrance of the police station
evidence shows
facts of the case
father of the first defendant
houses of the plaintiff
mere agent
mere identification
next day
period of the trial
place of abode of the suspect
plaintiff claims
plaintiff’s arrest
plaintiff’s evidence
protection of the law
reasonable despatch
report of a crime
sekondi police
separate house
subsequent prosecution of the plaintiff
such cases

TWUMASI J.

The plaintiff claims against the defendants jointly and severally ¢10,000 damages for unlawful arrest, false imprisonment and malicious prosecution. The facts of the case were that on 21 November 1979, the plaintiff and her four daughters were arrested by the Sekondi Police and locked up in cells. They were released on bail the next day and later prosecuted before the District Court, Sekondi, on a charge of assault. The first defendant gave evidence as the complainant and victim of the assault. The second defendant is the father of the first defendant. He never accused anybody of assaulting him. He, however, went to the police station on the day the plaintiff and her four daughters were arrested and detained. He also attended court during the trial but never gave evidence. The criminal prosecution terminated with the acquittal of the plaintiff and the conviction of her four children. The plaintiff thereafter instituted this action claiming that her arrest and detention were…

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