NKRUMAH v. FOLI AND ANOTHER
January 31, 1983
HIGH COURT
GHANA
CORAM
- TWUMASI J
Areas of Law
- Tort Law
- Evidence Law
- Criminal Law and Procedure
AI Generated Summary
Justice Twumasi decided a civil tort action arising from a neighborhood assault dispute in Sekondi. After the complainant reported being scratched and produced a medical report, the Sekondi Police arrested the complainant’s alleged attackers—a mother and her four daughters—on 21 November 1979, bailed them the next day, and the District Court, Sekondi, later tried them for assault. The mother was acquitted, but her four daughters were convicted. In the civil suit, the court found the complainant merely lodged a complaint and provided names; she did not authorise or direct the arrest. Under Ghana’s Criminal Procedure Code, 1960 (Act 30), police may arrest on reasonable grounds and must process and bail suspects appropriately; these requirements were met. Allegations that the complainant’s father caused the arrest or denied bail were rejected for lack of independent corroboration. On malicious prosecution, the court held that complainants are not liable absent instigation, the plaintiff failed to prove want of reasonable and probable cause or malice, and the criminal court’s inconsistency created doubt resolved in defendants’ favour. The plaintiff’s claims and the complainant’s counterclaim both failed; no costs.