Agbitor Vrs Tordzro [2023] GHADC 352 (12 January 2023)

The court found that the utterances by both parties occurred in the heat of passion and are not actionable as defamation; neither party proved their case on the balance of probabilities.

Citation: Agbitor Vrs Tordzro [2023] GHADC 352 (12 January 2023)
Parties: Plaintiff: Believer Agbitor; Defendant: Kwamivi Tordzro
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 12 January 2023
Procedural Posture: Civil / Final Judgment
Outcome: Both parties' claims for damages refused; partial restraining orders granted; parties to bear own costs.
Legal Topics: Defamation, Burden of Proof, Counterclaim
Source Language: eng

Tort Defamation Burden of Proof Counterclaim

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2

Parties

Believer Agbitor

Plaintiff

Kwamivi Tordzro

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

1 Whether the Defendant made the alleged utterances against the Plaintiff
2 Whether the utterances if made by the Defendant amount to defamation
3 Whether the Plaintiff made any utterances against the Defendant

Ratio Decidendi

The court found that the utterances by both parties occurred in the heat of passion and are not actionable as defamation; neither party proved their case on the balance of probabilities.

Court Disposition

Both parties' claims for damages refused; partial restraining orders granted; parties to bear own costs.

Orders

Both parties restrained from further use of defamatory words against each other
Claims for damages refused