Tamakloe v. Mitchell, 2 G. & G. 22 (2d)

Material Facts:

Section 50 of the Supreme Court Ordinance, 1891 provided protection for the Commissioner from court actions in respect of an act or order performed or made by him in execution of the powers vested in him. The District Commissioner had a native, Tamaklo, imprisoned on grounds that he was improperly saluted by the native. Tamaklo took a court action for wrongful imprisonment.

Issue:

1. Whether the Ordinance protected the District Commissioner from Tamaklo’s action for false imprisonment.

Arguments of the Defendant:

1. That he thought he had jurisdiction to imprison the native, and is thus protected by section 50 of the Ordinance.

Holding:

1. That the Ordinance did not protect the Commissioner from an action for false imprisonment.

Ratio Decidendi:

Per the court, a commissioner is only protected from court actions under section 50 of the Ordinance if they act within the limits of the powers vested on them or if they truly believed they were acting within the limits of their power. The assessment of whether a commissioner acted with the true belief that he had jurisdiction was to be made by the court to prevent abuse of section 50. The court believed that the commissioner was well experienced to know that mere disrespect to him was not an offence.