SARPONG V YAHAYA (A5/04/2021) [2024] GHACC 290 (17 September 2024)

The Defendant’s repeated public statements that the Plaintiff buried goats and sheep at his church to attract members are defamatory per se, malicious, and have harmed the Plaintiff’s reputation as a pastor. The Plaintiff’s evidence is more probable than the Defendant’s, and the Defendant failed to prove his counterclaim regarding the killing of goats.

Citation: SARPONG V YAHAYA (A5/04/2021) [2024] GHACC 290 (17 September 2024)
Parties: Plaintiff: Pastor Peter Sarpong; Defendant: Dauda Yahaya
Court: ghacc
Jurisdiction: Ghana
Judgment Date: 17 September 2024
Procedural Posture: Civil / Judgment
Outcome: Plaintiff’s claim upheld; Defendant’s counterclaim dismissed.
Legal Topics: Defamation, Slander, Damages, Injunction, Burden of Proof
Source Language: eng

Tort Defamation Slander Damages Injunction Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 2

Parties

Pastor Peter Sarpong

Plaintiff

Dauda Yahaya

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the statement made by the Defendant was defamatory
2 Whether the Plaintiff is entitled to his claims
3 Whether the Plaintiff killed the Defendant’s animals (goats)

Ratio Decidendi

Court Disposition

Plaintiff’s claim upheld; Defendant’s counterclaim dismissed.

Orders

Declaration that Defendant’s statements are false, defamatory, and malicious.
Defendant to retract the statements and render an unqualified apology to Plaintiff through the Information Centre at Juaso for one week.