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July 3, 1972
COURT OF APPEAL
CORAM
JUDGMENT OF JIAGGE J.A.
This is an appeal from the judgment of the High Court, Accra, dismissing the appellant's appeal against the decision of the magistrate's court. The respondents as plaintiffs brought an action against the appellant claiming the sum of ¢1,000.00 as damages "for causing them to be falsely imprisoned by making a false report to the police that the plaintiffs are subverters." The first respondent in his evidence during the trial, alleged that he was arrested by Police Corporal Crabbe of the Criminal Investigations Department on 23 March 1966 and taken to the Tema Police Station for interrogation. Later the other respondents were also arrested and taken to the police station where they were detained from 8.30 a.m. to 11.30 a.m. when they were released. On the instructions of the police the respondents had to report at the police station each day for 41 days. He alleged further that on 5 May 1966 certain charges were read to them that the respondents had held secret meetings at secluded places at Tema Newtown and that they had threatened to destool the paramount chief, Oninku II, and had collected funds for that purpose. The first respondent claimed that the charges were false and malicious, and he therefore asked to see the complainants. The police brought in the appellant and five others. He alleged further that the respondents admitted making contributions to a fund that was presented to the National Liberation Council in "appreciation of the overthrow of the Kwame Nkrumah regime and that the contributions were not meant for subversive activities as alleged by the appellant."
The first respondent also gave evidence of a letter sent to the National Liberation Council by the appellant. This letter exhibit D was tendered in evidence by the Deputy Commissioner of Police J. T. Hanson at the instance of the respondents. Attached to exhibit D was a list of names of people described as "the saboteurs of Tema." There were [p.333] sixteen names on the list and the names of six of the seven respondents appear on the list. The letter was signed by Nii Adjei Oninku II, Paramount Chief of Tema Traditional Area Council. The appellant, Nii Adjetey Narwu, signed as deputy chairman. The main accusation in the said letter is contained in paragraphs (4), (5) and (6) of the letter. It states:
(4) that, the people made mention of in the list are highly spirited in Nkrumahism and are heard to be harboured in Tema, as they have since been establishing una
AI Generated Summary
This Court of Appeal judgment, authored by Jiagge J.A., overturns the High Court’s affirmance of a magistrate’s finding of false imprisonment against Nii Adjetey Narwu. The respondents, including E. D. Armah, had been arrested and detained at the Tema Police Station after Narwu’s complaint and a letter (Exhibit D) to the National Liberation Council, signed with the Paramount Chief Nii Adjei Oninku II, accused them of being “saboteurs of Tema.” Corporal D. K. Appiah recorded Narwu’s report and referred it to CID; Corporal C. M. Crabbe then conducted the investigation, inviting and detaining the respondents and requiring them to report daily. Applying Salmond on Torts and precedents such as Hopkins v. Crowe and Grinham v. Willey, the court held that liability for false imprisonment requires proof that the defendant authorised or directed the arrest. Because Crabbe acted on his own judgment and there was no evidence that Narwu directed or authorised the arrests, Narwu could not be liable. Malice in Exhibit D and the rancour of the destoolment dispute could not displace the need for direction/authorisation; the proper remedy, if at all, would be malicious prosecution. The appeal was allowed, the lower courts’ judgments and damages were set aside, and costs were awarded.