ADUMUA-BOSSMAN, J.: (His lordship referred to the pleadings, and continued):-
The primary question for determination would appear to be whether either the plaintiff’s arrest and detention, or his subsequent prosecution, was at the instance of the Agent of the Company. If the arrest and detention, and/or the subsequent prosecution, be found to have been at the instance of the Agent, the subsidiary question will arise whether there was any legal justification for the Agent’s conduct in either case.
(His lordship stated the sequence of events leading to the plaintiff’s arrest, prosecution and acquittal: and continued):-
It now falls to be determined, firstly, how the plaintiff came to be arrested, that is to say, who was in the contemplation of law responsible for his arrest.
(His lordship then set out the evidence led by the plaintiff, and continued):-
Before examining the Agent’s version of the circumstances leading to the plaintiff’s arrest, let us first consider the contentions of learned…