OSUMANYAWA YAW EWUA V. NANA SIR OFORI ATTA

POLICY AND PRACTICE LAW REPORTS, 2PLR

Search

Search

–

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

–

BEFORE THEIR LORDSHIPS:

VISCOUNT DUNEDIN

LORD BLANESBURGH

CHIEF JUSTICE ANGLIN

–

BETWEEN:

OSUMANYAWA YAW EWUA — Appellant

AND

NANA SIR OFORI ATTA — Respondent

–

ORIGINATING COURT(S)

FROM THE SUPREME COURT OF THE GOLD COAST COLONY

–

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

–

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

–

DECISION OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

Held:- Appeal dismissed.

1.     The complaint as to the violation of section 28 of the Native Ordinance is a relevant complaint, properly brought before the Native Court. The appellant can put in a defence and if judgment is against him he can appeal and he can also apply for transfer. It is quite out of the question, viewing it as a civil proceeding, to stop the case 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.

2.     On the other hand, viewing the matter as one of malicious prosecution, no action in a Court to claim damages could lie until there has been an acquittal in the first Court.

–

DOWNLOAD PREMIUM PDF COPY (N2,000)

READ MORE

JUDGMENTS BY AREAS OF PRACTICE

JUDGMENTS BY PRACTICE/PROCEDURE ISSUES