KETORWOKO VRS GAKPETOR (A5/02/2023) [2024] GHADC 344 (19 March 2024)

KETORWOKO VRS GAKPETOR (A5/02/2023) [2024] GHADC 344 (19 March 2024)

The evidence showed mutual abusive words exchanged in the heat of an argument, lacking sufficient proof of actionable defamation; inconsistencies in Plaintiff's evidence prevented the court from finding for her on the balance of probabilities.

Citation
KETORWOKO VRS GAKPETOR (A5/02/2023) [2024] GHADC 344 (19 March 2024)
Parties
Plaintiff: Nancy Ketorwoko; Defendant: Amedenyo Gakpetor
Court
ghadc
Jurisdiction
Ghana
Judgment Date
19 March 2024
Procedural Posture
Civil / Final Judgment
Outcome
Plaintiff's claim dismissed; Defendant's counterclaim dismissed; no order as to costs.
Legal Topics
Defamation, Slander, Customary Law, Burden of Proof
Source Language
eng
Tort Defamation Slander Customary Law Burden of Proof

Case Brief

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Parties

Nancy Ketorwoko

Plaintiff

Amedenyo Gakpetor

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the Defendant uttered defamatory statements against the Plaintiff
  2. 2 Whether the Defendant is entitled to her counterclaim for defamation
  3. 3 Whether the Plaintiff is entitled to a perpetual injunction restraining the Defendant from issuing similar utterances

Ratio Decidendi

The evidence showed mutual abusive words exchanged in the heat of an argument, lacking sufficient proof of actionable defamation; inconsistencies in Plaintiff's evidence prevented the court from finding for her on the balance of probabilities.

Court Disposition

Plaintiff's claim dismissed; Defendant's counterclaim dismissed; no order as to costs.