By Safi Jimba
False imprisonment (and slander) VI
Continued from last week
- Adefumilayo v. O. Oduntan
(1958) W.R.N.L.R. 31
HIGH CT. โ ADEMOLA C.J
On a report made by the appellant to the police about the theft of his goods, appellant was asked whether he suspected anybody. He replied that he suspected the respondent, who was subsequently detained by the police for enquiry. In a subsequent action brought by the respondent claiming damages for false imprisonment. On appeal to the High Court.
Held: (1) that the learned trial magistrate put an unnecessary premium on the fact that the appellant, on being questioned by the police, said he suspected the respondent;
(2) That this expression of opinion by the appellant is no more than putting the police constable on a trail upon which he can work instead of leaving him in the wilderness;
(3) That since it would be the duty of the police constable, after receiving such information, to make investigations himself which may or may not lead to an arrest it is not correct to say that the appellant had put the law into motion against the respondent.ย To be continued next week
