SOBAH VRS YAHAYA & ANOTHER (A4/05/2023) [2024] GHACC 117 (12 April 2024)
The plaintiff failed to prove that the alleged defamatory statement was published to any person other than the police, a statutory body mandated to receive complaints, and thus failed to establish the necessary element of publication to right-thinking members of society required for defamation.
- Citation
- SOBAH VRS YAHAYA & ANOTHER (A4/05/2023) [2024] GHACC 117 (12 April 2024)
- Parties
- Plaintiff: Issah Sobah; Defendant: Musah Yahaya; Defendant: Sadique Musah
- Court
- ghacc
- Jurisdiction
- Ghana
- Judgment Date
- 12 April 2024
- Procedural Posture
- Civil / Judgment
- Outcome
- Dismissed
- Legal Topics
- Defamation, Burden of Proof, Publication, Malicious Prosecution
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
Issah Sobah
Plaintiff
Musah Yahaya
Defendant
Sadique Musah
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the defendant's complaint to the police constituted defamation against the plaintiff.
Ratio Decidendi
The plaintiff failed to prove that the alleged defamatory statement was published to any person other than the police, a statutory body mandated to receive complaints, and thus failed to establish the necessary element of publication to right-thinking members of society required for defamation.
Court Disposition
Dismissed
Orders
- Plaintiff's case dismissed.
- Cost of GH¢2,000.00 awarded against Plaintiff.
Full Case Text
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