GYIMAH V. DONKOR

ABBAN J.: The action is for the recovery of ¢10,000.00 as damages for malicious prosecution. The parties come from a town called Maase near Tafo in the Akim Abuakwa Traditional Area. At the time the cause of action arose, the plaintiff was the mankrado of that town.

In or about 1968, the plaintiff and some elders of the town preferred destoolment charges against the chief of the town before the Akim Abuakwa Traditional Council. The chief failed to appear before the said council to answer the charges, and he was declared destooled by the council. On appeal by the chief to the then Chieftaincy Secretariat (which at that time had appellate jurisdiction in chieftaincy matters) the judgment of the Akim Abuakwa Traditional Council was set aside, and a retrial was ordered. The said decision of the Chieftaincy Secretariat was published in the Ghana Gazette.

Owing to the constitutional dispute, the town of Maase had become divided into two opposing factions. One faction was in favour of the dest…