By Safi Jimba
False imprisonment (and slander) VII
Continued from last Thursday
ADEMOLA C.L.;
“The point which calls for decision in this appeal is whether or not a man rendered himself liable to an action for false imprisonment if on a report to the police by him of the theft of his goods, and being questioned by the police during investigations, if he suspected anybody, he answered that he suspected X who, after due investigation by a police constable, was detained for enquiry…
Now, in the case of Chivers v. savage (1855) 25 L.J.Q.B. 85) it was said by Lord Campbell C.J. that if the evidence shows no more than that the defendant, upon a suspicion of felony, made a complaint and charge to the police upon which they themselves acted and took plaintiff into custody, an action for false imprisonment would not have been maintained; but where the defendant had expressly directed the police to take plaintiff into custody, this is an imprisonment by the plaintiff and an action for false imprisonment would lie.
To be continued
