AMISSAH J.A.: The facts of this case are quite simple. Owusu, the plaintiff, is a teacher in the small township of Akim Ntronang. Nana Ponko, the defendant, is the odikro of the town. Towards the evening of 28 June 1973, the plaintiff’s nephew, Yaw Tanoh, stole a matchet from the shop of one Somuah. The matchet itself was recovered shortly afterwards. A boy, who was with Tanoh at the time, informed Somuah about what Tanoh had done. Somuah went to Tanoh’s house and confronted him with the charge. The plaintiff was at that house at the time and he advised Tanoh to return the matchet. Tanoh did so. According to Somuah, the plaintiff also asked him to drop the matter at that stage. Somuah refused and reported the matter to the police.
Somuah said he declined to drop the matter because that very morning, the defendant had caused gong gong to be beaten through the town asking anyone who caught a thief to report to him so that he might deal with the matter. On the way to report this theft to …