AMPOFO VRS. POKU AND ANOTHER (A5/01/2024) [2025] GHADC 32 (22 January 2025)

AMPOFO VRS. POKU AND ANOTHER (A5/01/2024) [2025] GHADC 32 (22 January 2025)

The court found that the 1st defendant made public statements referring to the plaintiff as a thief and associating him with criminal conduct, without any judicial determination of guilt. These statements were published to third parties, were capable of and actually were defamatory, and referred specifically to the plaintiff. The 1st defendant failed to prove justification or fair comment. The plaintiff was thus entitled to damages for defamation.

Citation
[2025] GHADC 32
Parties
Plaintiff: Eric Ampofo; 1st Defendant: Johnson Osei Poku; 2nd Defendant: Afia Saah
Court
District Court
Jurisdiction
Ghana
Judgment Date
22 January 2025
Case Number
A5/01/2024
Procedural Posture
Civil / Judgment
Outcome
Claim for defamation against 1st defendant allowed; claim against 2nd defendant dismissed.
Legal Topics
Defamation, Damages, Publication, Justification, Fair Comment
Source Language
English
Tort Defamation Damages Publication Justification Fair Comment

Case Brief

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Parties

Eric Ampofo

Plaintiff

Johnson Osei Poku

1st Defendant

Afia Saah

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants communicated defamatory words against the plaintiff in the sight and hearing of other persons
  2. 2 Whether the plaintiff is entitled to damages

Ratio Decidendi

The court found that the 1st defendant made public statements referring to the plaintiff as a thief and associating him with criminal conduct, without any judicial determination of guilt. These statements were published to third parties, were capable of and actually were defamatory, and referred specifically to the plaintiff. The 1st defendant failed to prove justification or fair comment. The plaintiff was thus entitled to damages for defamation.

Court Disposition

Claim for defamation against 1st defendant allowed; claim against 2nd defendant dismissed.

Orders

  • 1st defendant to withdraw defamatory comments and render an apology to the plaintiff using the announcement van at Wiamoase market square, one information centre in Wiamoase, and Dominase playground in Wiamoase.
  • 1st defendant to pay damages of GH¢2,000.00 to the plaintiff.