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JUDGMENT
JUDGMENT
INTRODUCTION
1. This judgment relates to tort, assault and battery.
2. The plaintiff described himself as the former regent of Zakalyili. The defendant is the
present chief of Zakalyili. According to plaintiff, 1st defendant caused 2nd defendant
to assault and beat him. On 16th August, 2022 the plaintiff through his lawyer issued
a writ against the defendants for the following reliefs:
a. An order for specific damages of GHS1,500.00 consequent to the defendants
assault and battery on the plaintiff and family.
b. Punitive or general damages for the fear, panic and the apprehension of loss
felt by the plaintiff and as a result of defendants’ assault.
c. Any other reliefs as the justice of the case may require.
3. Upon being served with the above writ, the defendants through their lawyer filed a
Notice of Intention to Defend and grounds for defence on 31st August, 2022. In it they
disputed plaintiff’s claim and counterclaimed as follows:
a. Recovery of special damages of GHS500.00 being cost of 2nd defendant’s
clothes damaged by the plaintiff.
b. Damages for assault and battery.
c. Costs.
4. The parties were ordered to file their respective witness statement. The case of either
party is detailed below.
PLAINTIFF’S CASE
5. The plaintiff recounted his ordeal in his witness statement filed on 6th September, 2022
as follows. That, after the demise of his father, he contested the chieftaincy title with
the 1st defendant. He, however, lost it to the 1st defendant. However, the enskinment
of 1st defendant, he heard rumours that 1st defendant had threatened to beat up his
brothers on the day of the Fire Festival and that if any of his family members reacted,
st defendant will cause his house to be burnt. Due to this, plaintiff instructed that
none of his family members should attend the Fire Festival. According to the plaintiff,
on 8th August, 2022 the day of the Fire Festival, one Shirazu (a sub-chief of 1st
defendant) came to his house with other people claiming that during the fireworks at
the festival, he (Shirazu) was shot by Mohammed, one of plaintiff’s brothers. Plaintiff
explained that those present on hearing the allegation of Shirazu were surprised
quizzing that if Shirazu had been shot at closed range he should have visible wounds,
but he had none. A commotion then ensued and according to plaintiff, one of his
children reported to him that one of the people who accompanied Shirazu to the house
had threatene