Rev. S. S. Odonkor & Ors V. E. P. Allotey & Ors (1941)

LawGlobal Hub Judgment Report – West African Court of Appeal

Injury amounting to infringement of civil rights and at same time a felony—Allegations in defence of act of felony by plaintiff.

Facts

[In the first suit judgment given for first plaintiff for declaration of title and possession and for second plaintiff for declaration of title aid £5f damages for trespass. The appellants stated that inasmuch as the fraud alleged by them against second plaintiff was criminal the Court was wrong in proceeding with the heating without directing that the criminal cause be first investigated. Appellants also stated that the judgment was again= the weight of evidence and that in any event no trespass was proved.]

Held

(i) There is nothing either in -the principle or in the rule ot law which makes it incumbent upon a Court to stop the case for a prosecution to be instituted when a defendant sets up as OA of his defenc* an alleged felony by the plaintiff.

(ii) Judgment of trial Court in agreement with evidence and there is ample evidenoe of trespass.

Appeal dismissed.