Pilot Law

Brief court decisions on civil wrongs


With safi Jimba

False imprisonment (and slander) III

Continued from last Thursday

The allegation of bribery was made by the appellant to the Tiv Central Court in session. The councillor for police thereupon said that the matter should be investigated by the police. On that advice, the court handed the over to the police to investigate there and then. It is not at all clear that the court was not acting judicially rather than ministerially when they said that it is not clear whether they were doing what their duties gave them no opinion of declining to do, or whether they acted in their discretion. It appears more likely that they acted judicially in which event the case was one of malicious prosecution and not false imprisonment. But we do not decide whether the court acted judicially or ministerially, because it seems to us that the evidence does not show that the respondent suffered any imprisonment, that it to say, any restraint of his liberty. In our opinion the appeal must proceed on the judgment so far as it related to the claim for false imprisonment.”
Appeal allowed in par.
A person who is unlawfully arrested and imprisoned has no action in trespass against any person any person who set the law in motion it, between that person’s act and the arrest or detention, there was interposed the exercise of a judicial (not a ministerial) junction.
Claim for damages for false imprisonment and slander.

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