SOBAH VRS YAHAYA & ANOTHER (A4/05/2023) [2024] GHACC 117 (12 April 2024)

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

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Parties

Issah Sobah

Plaintiff

Musah Yahaya

Defendant

Sadique Musah

Defendant

Procedural Posture

Civil / Judgment

  1. 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.