Agbeko Vrs Fuh [2023] GHAHC 195 (3 March 2023)

Agbeko Vrs Fuh [2023] GHAHC 195 (3 March 2023)

The plaintiffs did not deny the truth of the defendant's statement and contributed to the publication of the words themselves. The defendant's utterance was not actuated by malice but arose from a close (spiritual) relationship and a moral obligation to inquire. The trial court's findings that the statement was true and not defamatory are affirmed. The appeal is dismissed as lacking merit.

Citation
Agbeko Vrs Fuh [2023] GHAHC 195 (3 March 2023)
Parties
Plaintiff/appellant: Dzanku Agbeko; Plaintiff/appellant: Krakasu Senyo; Defendant/respondent: Diana Fuh
Court
ghahc
Jurisdiction
Ghana
Judgment Date
3 March 2023
Procedural Posture
Civil Appeal / Judgment on Appeal From District Court
Outcome
Appeal dismissed
Legal Topics
Defamation, Slander, Truth as Defence, Malice, Publication of Defamatory Words
Source Language
eng
Tort Customary Law Defamation Slander Truth as Defence Malice Publication of Defamatory Words

Case Brief

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Parties

Dzanku Agbeko

Plaintiff/appellant

Krakasu Senyo

Plaintiff/appellant

Diana Fuh

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether the judgment is against the weight of evidence adduced
  2. 2 Whether the words spoken by the defendant were defamatory and false
  3. 3 Whether the plaintiffs contributed to the publication of the alleged defamatory words

Ratio Decidendi

The plaintiffs did not deny the truth of the defendant's statement and contributed to the publication of the words themselves. The defendant's utterance was not actuated by malice but arose from a close (spiritual) relationship and a moral obligation to inquire. The trial court's findings that the statement was true and not defamatory are affirmed. The appeal is dismissed as lacking merit.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the District Court affirmed
  • Cost of GH¢2,000.00 awarded to defendant/respondent