REPUBLIC VRS GARIBA (7/09/2022) [2023] GHADC 1109 (28 April 2023)

REPUBLIC VRS GARIBA (7/09/2022) [2023] GHADC 1109 (28 April 2023)

The court found that the defendant made statements that were defamatory of the plaintiff, published them to third parties, and failed to prove they were made only in the heat of argument. The plaintiff discharged the burden of proof on the balance of probabilities. The defendant's counterclaim failed for lack of evidence. Judgment was entered for the plaintiff with damages and an injunction.

Citation
REPUBLIC VRS GARIBA (7/09/2022) [2023] GHADC 1109 (28 April 2023)
Parties
Plaintiff: Caroline Wugah; Defendant: Atsunorvi Dzah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
28 April 2023
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Defamation, Slander, Damages, Injunction
Source Language
eng
Tort Customary Law Defamation Slander Damages Injunction

Case Brief

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Parties

Caroline Wugah

Plaintiff

Atsunorvi Dzah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant made defamatory statements about the plaintiff
  2. 2 Whether the defendant is entitled to her counterclaim
  3. 3 Whether the plaintiff is entitled to her claims

Ratio Decidendi

The court found that the defendant made statements that were defamatory of the plaintiff, published them to third parties, and failed to prove they were made only in the heat of argument. The plaintiff discharged the burden of proof on the balance of probabilities. The defendant's counterclaim failed for lack of evidence. Judgment was entered for the plaintiff with damages and an injunction.

Court Disposition

Judgment for Plaintiff

Orders

  • Defendant to pay GH₵20,000.00 as damages for defamation to plaintiff by 4th July, 2023.
  • Defendant restrained from further defaming plaintiff with such words.