KPALGA-NA AND OTHERS v. FUSHEINI AND OTHERS

In this Ghanaian High Court civil action, four plaintiffs, including Issah Salifu, sued multiple defendants from Gbolung, including the chief, for unlawful arrest, false imprisonment, assault and battery, trespass, and extensive property damage to bicycles, groundnuts, yam seedlings, doors, windows, clothing, and Ghana Education Service items. The court, per Ansah J., first addressed the public-policy “felony rule” and concluded that a broad view of “prosecution” had been satisfied because complaints were made and criminal proceedings were initiated, culminating in the Circuit Court, Tamale conviction of Issah Salifu for possession of arms and ammunition. On the merits, the court found that the first plaintiff shot the second defendant witness, Abdulai Adam, and that Issah Salifu was lawfully arrested and detained overnight under the chief’s direction before being handed to the police, justified both by self-defence and private arrest powers under Act 30 and section 37 of Act 29. The various property-damage claims failed due to lack of credible, consistent evidence and pleading conflicts. The entire action was dismissed.