The High Court, General Jurisdiction division, in a judgment dated the 16th day of January 2025, has awarded the cumulative amount of GH¢910,000 as damages and loss earnings against the Ghana Immigration Service for preventing one Kwabena Baffour Asare from flying to Germany on the 18th day of June 2022.
The High Court, in the voice of the learned Ayitey Armah-Tetteh J., held that the prevention of the Plaintiff in the matter amounted to the breach of his freedom of movement from Ghana and movement in Ghana as he was wrongfully arrested and detained on the 17th day of June 2022 on grounds of being on a stop list of the Ghana Police Service.
The Court also held, upholding arguments by the Counsel for the Plaintiff, the learned Reindorf Twumasi Ankrah, that the detention of the Plaintiff and his prevention from travel on the second day of his attempt to travel out of the Country to his ordinary residence in Germany amounted to negligence on the part of the Ghana Immigration Service.
In a language compensatory of the Plaintiff, who had lost his job owing to his detention and failure to be in Germany as per his flight schedule, His Lordship Armah-Tetteh entered judgment for the Plaintiff as follows:
- General damages of GH¢650,000.00 for negligence and unjustifiable violation of Plaintiff’s rights.
- Loss of earnings of GH¢250,000.00
- Special damages of GH¢10,000.00
- Costs of GH¢50,000.00 in favor of Plaintiff.
The Honourable Court arrived at this conclusion after an admirable survey of laws on negligence and the duties held to persons despite the existence of a legal duty; sections 9, 10, and 12 of the Immigration Act, 2000 (Act 573) and constitutional provisions on the freedom of movement and the liberty of a person in Ghana.
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