16. Learned Counsel for the Plaintiffs' submitted that the actions of the two
policemen
of
the
Respondent/Defendant
state
and
of
that
Ghana
became
the
applicants/
the
responsibility
plaintiffs
are
of
entitled
the
to
compensation of the amount stated in their claim.
LEGAL ARGUMENTS OF THE DEFENDANT.
17. Learned Counsel to the defendant submits that the two police constables stated
in Court during their trials that after they had offloaded the goods from the truck
which they seized at the traffic interceptions, they were offered the sum of Forty
Ghana Cedis (GHc 40.00), the equivalent of Twenty United States' Dollars
(US$
-.
20.00) each in today's value by the person who had procured their services to rob
the Plaintiffs of their goods; and in their testimony before the trial Court, the
Constables did not reveal the identity of the person who hired them, but it was
evident that they were acting privately and not on behalf of the defendant.
18. Learned Counsel to the defendant submits that by putting the two policemen on
trial and securing a conviction, it had discharged its obligation to protect rights of
all persons, including foreign nationals, under the Constitution of the Republic of
Ghana and under International Law and it owes no obligation to pay reparation to
the Plaintiffs.
ANALYSIS OF THE COURT.
19. This action was filed by the Plaintiffs against the Republic of Ghana for the
payment of the sum of one hundred and forty-seven million, one hundred and
forty-six thousand, five hundred and sixty-four CFA (XOF 147.146, 564), as
compensation for loss incurred by the Plaintiffs as a result of the theft of their
goods by the officers of the Defendant. The Plaintiffs hinged their demand for
compensation on the contention that the Defendant is liable for the action of its
officials and as such, under obligation to put the Plaintiffs in the same positions
they were had the crime not occurred. Plaintiffs also maintained that the actions of
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