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(1988) JELR 64858 (HC)

High Court  •  31 Oct 1988  •  Ghana



LUTTERODT J.: The plaintiff claims against the defendant special and general damages for false arrest and false imprisonment of the plaintiff at the Ministries Police Station, Accra. The plaintiff’s evidence showed that: (i) not only did the defendant lodge a complaint with the Ministries Police that the plaintiff had defrauded him; but (ii)he actually accompanied the police to effect the arrest and gave specific directions and instructions that the plaintiff be taken away and locked up for he is a thief. The plaintiff not only described how he was led away and locked up for a period of four hours but he gave detailed evidence showing the complaint lodged was malicious, false to the knowledge of the defendant and so the arrest was unlawful and without reasonable and probable cause. Because the defendant, though served with a hearing notice, failed to turn up at the trial, all these essential facts remained unchallenged. The Supreme Court decision of Amadjei v. Opoku Ware [1963] 1 G.L.…

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