DANIEL LASSI v. FRANCES TORSU & ORS
2013
COURT OF APPEAL
GHANA
CORAM
- ASARE-KORANG, J.A. (PRESIDING)
- OFOE, J.A.
- HONYENUGA, J.A
Areas of Law
- Tort Law
- Criminal Law and Procedure
- Evidence Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The plaintiff sued for general damages after being wrongfully arrested, detained, and prosecuted based on the defendants' complaint. The trial court awarded damages, but on appeal, it was found that the defendants did not instigate the criminal process beyond making a legitimate complaint. The appeal was upheld except on the ground of improperly considering the defendants' case as to whether they directed or instigated the arrest. The appellate court reversed the trial court's judgment due to lack of evidence of malice or unwarranted actions by the defendants.
OFOE,J.A:
The plaintiff sued the defendants in the High Court claiming
“1. An order for payment of ¢40m being loss of income as allowances as a weekly lotto writer from September 2004 to March.
2. Payment of ¢16m being loss of income as French teacher of Valley Preparatory School at Adamorabe near Aburi-Akwapim from September 2004 to March 2006.
3. Payment of ¢10m being income lost as part time French teacher as home teacher in 3 homes in Medina/Adenta from September 2004 to March 2006.
4. Interest on the total amount of ¢66m at the current Bank rate from 1st September 2004 to date of judgment.
5. General Damages for wrongful and malicious arrest and detention”.
He contended before the trial High Court that it was the defendants who masterminded his arrest, incarceration and eventual prosecution before the District Magistrate Court where he was after trial acquitted and discharged. This criminal prosecution caused him certain financial losses and damages, hence his claim before the trial High Court as quoted above. At the end of trial his claims 1, 2, 3 and 4 were dismissed for failing to provide evidential support. He was however awarded GHC5000 general damages for his 5th claim with cost of GHC3000.The trial judge was really very terse in his treatment of the plaintiff’s claim as will be found quoted hereunder. All he said was that:
“There was evidence that the plaintiff was detained wrongfully at the Kotobabi Police Station for three days then later remanded for one week in James Fort Prison”.
There was no evidence that he was staking VAG West Lotto. The evidence was that he was staking Department of National Lotteries weekly lotto as well as Last Chance Lotto. This is a far cry for the reason, for which he was arrested, to wit, for staking VAG West Lotto. In Adejumo vs Abejunde(1965) GLR499 at page 511, it is said “ In an action for false imprisonment, the plaintiff does not need to prove that the imprisonment was unlawful but established a prima facie case that he was imprisoned by the defendant. The onus then shifts on the defendant to prove justification for the imprisonment. Apaloo JSC at page 511 said:
“Although plaintiff was technically imprisoned by the police, it seems plain that both defendants made a charge on which it became the clear duty of the police to act. They did more than give bona fide information to the police and cannot therefore shield themselves behind the police”.
After this quote the trial judge continued:
“I t