COFIE MENSAH, v. AKUOKOR AND OTHERS.
1923
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
- SMYLY, C. J
Areas of Law
- Tort Law
- Civil Procedure
AI Generated Summary
Cofie Mensah sued Asafo leaders of the Ashanti Blohun quarter in Christiansborg—Mankralo Akunortei and elders Asafoatse Ackappeh, Asafoatse Tettey Kwashie, and Asafoatse Kpakpo Obormah—together with Akuokor and Maria, for damages arising from slander, unlawful detention, false imprisonment, malicious arrest, and money had and received. The slander allegations concerned public cries accusing Mensah and his brother Otoo of poisoning Alimo. Before this action, Mensah had proceeded in the Native Tribunal of Osu Mantse We against Akuokor and Maria, where elder Adotey Kwao delivered judgment adverse to Mensah. Chief Justice Smyly held the slander claim against Akuokor and Maria barred by res judicata. On the alleged false imprisonment, the court found Mensah attended the Asafo meeting voluntarily at his father’s urging, swore an oath, and was briefly placed among members during customary rituals. The Asafo’s conduct was likened to quasi-judicial disciplinary authority in a voluntary association. Finding no unlawful arrest, malicious prosecution, or false imprisonment, the court nonsuited the plaintiff with costs.