Kwawu Vrs Addae [2022] GHADC 162 (18 November 2022)

Kwawu Vrs Addae [2022] GHADC 162 (18 November 2022)

The Defendant uttered defamatory words imputing unchastity to the Plaintiff, which under Akan customary law is actionable per se. The Defendant failed to prove the truth of the statements or that they were made in good faith. The utterances were false, defamatory, and intended to injure the Plaintiff's reputation.

Citation
[2022] GHADC 162
Parties
Plaintiff: Janet Kwawu; Defendant: Irene Empari Addae
Court
District Court
Jurisdiction
Ghana
Judgment Date
18 November 2022
Procedural Posture
Civil Suit / Judgment
Outcome
Plaintiff's claim for defamation is allowed.
Legal Topics
Defamation, Slander, Damages
Source Language
English
Tort Law Customary Law Defamation Slander Damages

Case Brief

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Parties

Janet Kwawu

Plaintiff

Irene Empari Addae

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the words complained of were spoken by the Defendant
  2. 2 Whether the words complained of were spoken of the Plaintiff
  3. 3 Whether the words complained of were defamatory

Ratio Decidendi

The Defendant uttered defamatory words imputing unchastity to the Plaintiff, which under Akan customary law is actionable per se. The Defendant failed to prove the truth of the statements or that they were made in good faith. The utterances were false, defamatory, and intended to injure the Plaintiff's reputation.

Court Disposition

Plaintiff's claim for defamation is allowed.

Orders

  • Defendant to pay GH¢5,000 as general damages for defamation to the Plaintiff.
  • Perpetual injunction restraining the Defendant from making further defamatory statements against the Plaintiff.