We assist clients who were unlawfully arrested, wrongfully detained and maliciously prosecuted with delictual claims for damages. An arrest is unlawful if the arrested person has not been informed of the charges against him, has been arrested for improper motives, his constitutional rights were never read to him and there is no sufficient evidence during the arrest that the he had committed the offence. A detention is wrongful if the detained person has not been detained in a lawful manner or it violates the rights of the detainee. An assault by police officer is unlawful and a criminal offence.  If you have been unlawfully arrested and detained, you can sue for deprivation of liberty, inconvenience and loss of earnings if were employed at the time of arrest and detention. In our law, the arrest and detention are deemed prima facie wrongful as they comprise the deprivation of liberty. Therefore the police officers who arrest and detained members of the public have a duty and onus to prove the lawfulness of the arrest and detention. The police officers may arrest a person without warrant if the person commits a crime in his presence or that person is reasonably suspected of having committed a schedule 1 offence. The police suspicion must be based on reasonable grounds not just suspicion. Assault violates a person’s right to bodily integrity, both physical and psychological. If you have been assaulted by a police officer, traffic officer or security guard you have a right to sue their employer for damages suffered as a result of the assault. For malicious prosecution claims you must prove that the prosecution set the law in motion by instituting the proceedings, acted without reasonable and probable cause, acted with malice and the prosecution failed.

At EM Mmila Incorporated we assist clients who were unlawfully arrested and wrongfully detained to sue the Minister of Police for damages based on vicarious liability. We also assist clients in suing the employer for assault perpetrated by police officers, traffic officers and security guards. We assist clients in suing the Director of Public Prosecution for malicious prosecution.