Sarpong Vrs Google Ghana Ltd and Another [2018] GHASC 20 (21 March 2018)

Sarpong Vrs Google Ghana Ltd and Another [2018] GHASC 20 (21 March 2018)

The presence of the 1st Defendant as a party is necessary since the relationship between the 1st and 2nd Defendants and their respective roles are in contention and must be determined at trial. The Court of Appeal did not err as there were no agreed facts to warrant judgment in favour of the 1st Defendant.

Citation
[2018] GHASC 20
Parties
Plaintiff/respondent/respondent: George Agyemang Sarpong; 1st Defendant/appellant/appellant: Google Ghana; 2nd Defendant: Google Incorporated
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 March 2018
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Joinder of Parties, Burden of Proof, Capacity to Be Sued, Interlocutory Appeals
Source Language
English
Defamation Civil Procedure Joinder of Parties Burden of Proof Capacity to Be Sued Interlocutory Appeals

Case Brief

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Parties

George Agyemang Sarpong

Plaintiff/respondent/respondent

Google Ghana

1st Defendant/appellant/appellant

Google Incorporated

2nd Defendant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the judgment of the Court of Appeal is against the weight of evidence on record
  2. 2 Whether the Court of Appeal misinterpreted and misapplied the Costeja decision
  3. 3 Whether the 1st Defendant is a necessary party to the action

Ratio Decidendi

The presence of the 1st Defendant as a party is necessary since the relationship between the 1st and 2nd Defendants and their respective roles are in contention and must be determined at trial. The Court of Appeal did not err as there were no agreed facts to warrant judgment in favour of the 1st Defendant.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Costs of GH¢5,000 awarded to the Plaintiff