Peter Kwakyi V. Kojo Bandoh (1938)
LawGlobal Hub Judgment Report – West African Court of Appeal
Claim for damages for malicious prosecution-onus not discharged.
Facts
The plaintiff and deffindant Isere in dispute over land and the dispute terminated in the former’s favour. Thereppon he entered the land and removed growing crops •contrtry to native. custom. He was criminally charged before the Native Court with stealing and destruction, convicted on both charges, sad sentenced to imprisonment and a fine. He appealed and was acquitted on the first charge but. as to the second the appellate tribunal was silent. He then brought a successful action for malicious prosecution in the Supreme Court from which the defendant appealed.
Held
The plaintiff failed (1) to negative reasonable and probable cause for hi prosecution;
- to prove that the criminal proceedings brought against him ultimately ended in Li favour;
- to prove malice;
and
Appeal allowed.
