OSUMANYAWA YAW EWUA V. NANA SIR OFORI ATTA

POLICY AND PRACTICE LAW REPORTS, 2PLR

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OSUMANYAWA YAW EWUA

V.

NANA SIR OFORI ATTA

THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

THE DAY OF 28TH JULY, 1930

PRIVY COUNCIL APPEAL NO. 57 OF 1929

2PLR/1930/22 (P.C.)

OTHER CITATION(S)

2PLR/1930/22 (P.C.)

(1929) P.C. 57

(1959) II WACA PP. 11-13

LEX (1929) – P.C. 57

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BEFORE THEIR LORDSHIPS:

VISCOUNT DUNEDIN

LORD BLANESBURGH

CHIEF JUSTICE ANGLIN

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BETWEEN:

OSUMANYAWA YAW EWUA — Appellant

AND

NANA SIR OFORI ATTA — Respondent

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ORIGINATING COURT(S)

FROM THE SUPREME COURT OF THE GOLD COAST COLONY

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

TORT AND PERSONAL INJURY – MALICIOUS PROSECUTION:- Cause of action – When would deemed to have arisen – Whether no action in a Court to claim damages relating thereto could lie until there has been an acquittal in the first Court

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PRACTICE AND PROCEDURE ISSUE(S)

ACTION – ABUSE OF COURT PROCESSES:- Duty of a defendant to put in a defence and if judgment is against him to appeal – Attempt to stop a a civil proceeding by raising a case in another Court and craving by means of a declaration to make good what is really the defence in the original action simply by saying that the bringing of the case is malicious – Attitude of Court thereto

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