judy.legal
Login Register

OBENG AND 2 OTHERS V. SOADWAH AND 2 OTHERS

(1962) JELR 64930 (HC)

High Court  •  18 May 1962  •  Ghana

Coram
BRUCE-LYLE J.

Judgement

BRUCE-LYLE J.: In this case the plaintiffs’ claim against the defendants is for special damages of £G22 4s.0d. and for £G3,000 general damages for each plaintiff as against the defendants jointly and severally for malicious prosecution. The particulars of special damages appear on the writ and also in the statement of claim.

The case for the plaintiffs is that first defendant on the 13th May, 1960, wrote a letter of complaint exhibit B to the police, and in that letter preferred charges of larceny against the plaintiffs; that the first defendant confirmed the contents of the letter of complaint by an affidavit sworn to by himself on the 13th May, 1960, exhibit E; that on the strength of this complaint the plaintiffs were prosecuted before the district magistrate, Goaso, on a charge of stealing and were acquitted; that this letter of complaint was maliciously written and that the defendants had no reasonable or probable cause for such complaint.

The first plaintiff gave evidence for hims…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login