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NKRUMAH V. FOLI AND ANOTHER

(1983) JELR 63681 (HC)

High Court  •  31 Jan 1983  •  Ghana

Coram
TWUMASI J.

Judgement

TWUMASI J.: The plaintiff claims against the defendants jointly and severally ¢10,000 damages for unlawful arrest, false imprisonment and malicious prosecution. The facts of the case were that on 21 November 1979, the plaintiff and her four daughters were arrested by the Sekondi Police and locked up in cells. They were released on bail the next day and later prosecuted before the District Court, Sekondi, on a charge of assault. The first defendant gave evidence as the complainant and victim of the assault. The second defendant is the father of the first defendant. He never accused anybody of assaulting him. He, however, went to the police station on the day the plaintiff and her four daughters were arrested and detained. He also attended court during the trial but never gave evidence. The criminal prosecution terminated with the acquittal of the plaintiff and the conviction of her four children. The plaintiff thereafter instituted this action claiming that her arrest and detention wer…

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