MANSOUR v. EL NASR EXPORT AND IMPORT CO.

JUDGMENT OF PREMPEH J.

The plaintiff by his amended writ of summons claims from the defendants: (a) £G5,000 damages for false imprisonment; (b) £G500 special damages for the malicious representations deposed to in affidavit dated the 20th April, 1963, and (c) £G5,000 damages for malicious arrest and detention. The statement of claim as amended and filed on his behalf is as follows:

"(1) The plaintiff is the managing director of the Cedar Haulage Services stationed at Takoradi. The defendants are merchants residing in Accra.

(2) On or about the 20th April, 1963, at about 7.30 a.m. the police, acting on the instructions of the defendant, wrongfully arrested and detained and or imprisoned the plaintiff till 1.00 p.m.

(3) On or about the 20th April, 1963, the defendant wrongfully and without any legal justification made false representations to the police namely:

(a) That the plaintiff was indebted to them in the sum of £G7,650.

(b) That the plaintiff had sold all his property preparatory to his leaving this country on the 20th April, 1963.

(c) That the plaintiff intended to remain outside Ghana permanently therefrom as a result of which the police arrested, detained and imprisoned the plaintiff on the 20th April, 1963.

(4) At 12 noon on the same day (20th April, 1963) whilst the plaintiff was still under the unlawful detention by the police the defendants caused a writ of summons to be issued and served on the plaintiff in the suit No. 204/63 entitled El Nasr Export & Import Company (Ghana) v. Nabih Mansour, in which the defendants claimed the sum of £G7,650 as stated hereunder:-

(a) The plaintiffs' claim is for the sum of £G7,650 being the value of the undermentioned cheques drawn by the defendant in favour of the plaintiffs and dishonoured on presentation. Notice of the dishonour has been given to the defendant.

(5) In further pursuance of the writ of summons referred to in paragraph 4 above and whilst the plaintiff was to the knowledge of the defendant still in the custody or detention of the police, the defendant upon the false and malicious representations deposed to in an affidavit sworn to by one Hosni Salum applied to the High Court and obtained an absconding warrant and had the plaintiff arrested and detained at the Government prison situate at Nsawam until Monday, the 22nd when the defendant was brought to the High Court and granted bail.

(6) The plaintiff has denied liability to the claim referred to in paragraph 4 above and further the