Abass Vrs Attah [2022] GHADC 285 (23 August 2022)

Abass Vrs Attah [2022] GHADC 285 (23 August 2022)

Plaintiff failed to discharge the burden of proof on a preponderance of probabilities regarding both the alleged defamatory statements and the destruction of lemon trees. Defendant, being only a caretaker, was not the proper party to be sued for trespass or property destruction. Plaintiff's evidence was inconsistent and unreliable, and thus the claims failed.

Citation
[2022] GHADC 285
Parties
Plaintiff: Jonathan Abass; Defendant: Kwesi Attah
Court
District Court
Jurisdiction
Ghana
Judgment Date
23 August 2022
Procedural Posture
Civil / Judgment
Outcome
Suit dismissed
Legal Topics
Defamation, Trespass to Land, Burden of Proof, Damages
Source Language
English
Tort Defamation Property Trespass to Land Burden of Proof Damages

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Parties

Jonathan Abass

Plaintiff

Kwesi Attah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant communicated defamatory statements injurious to the plaintiff's reputation
  2. 2 Whether the plaintiff is entitled to GH₵4,000.00 for alleged destruction of ten lemon trees
  3. 3 Whether the plaintiff is entitled to incidental cost of GH₵300 incurred in summoning defendant to the palace

Ratio Decidendi

Plaintiff failed to discharge the burden of proof on a preponderance of probabilities regarding both the alleged defamatory statements and the destruction of lemon trees. Defendant, being only a caretaker, was not the proper party to be sued for trespass or property destruction. Plaintiff's evidence was inconsistent and unreliable, and thus the claims failed.

Court Disposition

Suit dismissed