COFIE MENSAH, v. AKUOKOR AND OTHERS.
1923
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
- SMYLY, C. J
Areas of Law
- Tort Law
- Civil Procedure
1923
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
AI Generated Summary
This case involves a claim for damages for slander, unlawful detention, false imprisonment, and malicious arrest. The court found that the slander claim was res judicata for two defendants due to a previous case in a Native Tribunal. Regarding false imprisonment, the court determined that the facts presented did not amount to false imprisonment in law. The court also considered the nature of the Asafo organization, likening it to a club or society under English law with quasi-judicial authority. Ultimately, the court ruled that no case had been made out to call on the defense, and the plaintiff was nonsuited with costs.
SMYLY, C. J.-In this action, the plaintiffs claim £152 17 6" " d. being, as against all the defendants, £ 150 damages for slander, unlawful detention, false imprisonment and malicious arrest, and, as to £2 17s. 6d. against the defendants, Mankralo Akunortei Asafoatse Ackappeh, Asafoatse Tettey Kwashie and Asafoatse Kpakpo Obormah, money unlawfully had and received from plaintiff on or about the 23rd day of July Ig22. The slander was uttered on or about the 19th July 1922, and the arrest and imprisonment complained of, on or about 23rd day of July I922. The words of the slander are, "Sulo O! Sulo O! Cofie Mensah sulo O! Otoo sulo O ! amegbe Alimo !" meaning thereby that the plaintiff Cofie Mensah is a poisoner, and Otoo (plaintiffs brother), is a poisoner-they have killed Alimo. The writ is dated the 11th day of August 1922, the hearing date being the 4th of October 1922, the plaintiff having previously taken out a summons in the Native Tribunal of Osu Mantse We, against the defendants, Akukor and Maria on the 31st July 1922 for £25 damages. The said summons reads "The Plaintift "claims from the defendants in default, to wit, the plaintiff before "this Tribunal how you defendants know that it was him who killed "Alimo through slow poison and to show him what medicine he "killed the said Alimo with". No judgment was entered in the record book of the Native Tribunal, but evidence was given by the elder, Adotey Kwao, who delivered the judgment of the Court, to the effect put shortly, that according to native custom plaintiff ought to have looked after the deceased, which he had not done, so if Akuokor made any proclamation, it did not mean plaintiff had mixed up medicine and given it to him or that he had struck deceased with any instrument, and gave judgment against plaintiff. On these facts being proved and the question of res judicata being raised by Counsel for the defendants, the Court held that the matter in question was res judicata as far as slander is concerned, as against the defendants Akuokor and Maria. Counsel for the plaintiff has continued the action as against all the defendants, on the question of false imprisonment, unlawful arrest and malicious prosecution, and as regards the slander, as against the four remaining defendants.
The facts would appear shortly to be that the plaintiff and his father are members of the Asafo of the Ashanti Blohun quarter at Christiansborg, of which the defendant, Mankralo Akunortei is in charge, assisted by the