By Safi Jimba
General Principle of Liability (XVII)
The plaintiff alleged that the defendant had trespassed on his property and removed $50 that belonged to him and he reported this matter to the police. They made investigations but no action had yet been taken, though the investigation had taken place almost a year previously.
Held: The plaintiff’s appeal against a stay of his civil action for damages was allowed. He had done everything that could reasonably be expected of him by reporting the matter to the police, and it was not his duty to bring a private prosecution on his own initiative.
Per curiam: It is clearly not required by public policy that the victim of a felony shall be precluded from pressing his supposed felon brought to justice.
BATE J. (delivering the judgement of the court): “In the present case there is clear and uncontradicted evidence that the appellant reported at once to the native police his complaint that the respondents had taken $50 from his premises. His evidence is fully supported by the testimony of an officer of the Kano N.A police who said that he had received the appellant’s complaint and had caused investigations to be made. He did not testify what action, if any, had been taken as the result of the investigation but we note that this investigation took place nearly a year ago. We think therefore that there has been ample time and opportunity within which to commence a prosecution. If nothing has been done, and we do not of course infer that any prosecution should have been commenced – it cannot be blamed on the appellant.”
To be continued next week
