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KORSAH C.J.
The statements given by Essel and Daboah to the police during their investigation have not been produced in this case, but it seems obvious that (since the allegation of forgery was in respect of finger-prints) the police would not have instituted the prosecution against the plaintiff if Essel and Daboah had said that they had put their thumb-prints on the affidavit in question. The police, however, discontinued the criminal case, and the plaintiff was discharged.
Counsel for plaintiff, upon these facts, contended that the law was set in motion against the plaintiff on a criminal charge by the defendant, “and submitted that it suffices that the prosecution ended in the plaintiff’s favour,” citing Batanhene and Another v. Krampah and Another (1 W.A.L. R. 188.) in support of his contention. This, however, is an erroneous view of the law relating to malicious prosecution, and but for the fact that the Commissioner of Assize who tried the case was obviously misled thereby we wo…