False imprisonment

Sierra Leone — Court of Appeal · 1921

Principle established: A public officer does not ratify an unlawful subordinate arrest merely by briefly detaining the person to prepare a summons and arranging lawful conveyance.

Sierra Leone — Court of Appeal · 1914

Principle established: A public officer does not ratify an unlawful arrest by a subordinate merely by detaining the person briefly to prepare a summons and sending them home in company with a constable.

Lanbuk on the Law of Torts · 1845

Principle established: The restraint must be total; blocking one route while leaving another reasonable exit is not imprisonment.

Sierra Leone — African Law Reports · 1950-56

Principle established: A tribal authority violates natural justice when a chief sits as judge in his own cause, and subjecting a person to complete detention without lawful authority constitutes false imprisonment.

Sierra Leone — African Law Reports · 1972-73

Principle established: A preliminary point of law raised in pleadings that would substantially dispose of an action should be determined before trial under the rules of court.

Lanbuk on the Law of Torts · 1915

Principle established: Where a person consents to confinement on certain terms, there is no false imprisonment.

Lanbuk on the Law of Torts · 1834

Principle established: Under the older view, the claimant had to know of the restraint.

Sierra Leone — Supreme Court · 1962

Principle established: A judicial officer acting bona fide within jurisdiction in signing an arrest warrant is protected from civil liability for false imprisonment.

Sierra Leone — Supreme Court · 1962

Principle established: A person who acts judicially in signing an arrest warrant is statutorily protected from liability for false imprisonment.

Lanbuk on the Law of Torts · 1919

Principle established: Knowledge of the restraint is not required; it goes only to damages (Atkin LJ).

Lanbuk on the Law of Torts · 1988

Principle established: A person may be falsely imprisoned while unaware, e.g. while asleep, though damages may then be nominal.

Lanbuk on the Law of Torts · 1910

Principle established: Where a person's liberty is subject to a reasonable condition he has accepted, restraining him until it is met is not false imprisonment.

Sierra Leone — Court of Appeal · 1972

Principle established: False imprisonment requires proof of direct authorization or direction of an unlawful arrest by a ministerial officer, and providing information upon which the officer acts at discretion creates no liability.

Sierra Leone — African Law Reports · 1972-73

Principle established: False imprisonment lies against a private person who directs or authorises an unlawful arrest by a ministerial officer, but not if the officer exercises independent discretion on information supplied.

Sierra Leone — Court of Appeal · 1962

Principle established: In an action for malicious prosecution against a principal, the plaintiff bears the burden of proving that the principal's agent instituted the criminal proceedings and had authority to do so.

Sierra Leone — Court of Appeal · 1962

Principle established: To establish malicious prosecution against a corporation, the plaintiff must prove that the corporation was the prosecutor and that the acting employee had authority to initiate criminal proceedings on its behalf.