Aryeetey Vrs Oduro Owusu and Another [2022] GHAHC 23 (27 October 2022)

Aryeetey Vrs Oduro Owusu and Another [2022] GHAHC 23 (27 October 2022)

The Court found that the 1st Defendant made and published the statements complained of, which were not justified by truth or fair comment, and were actuated by malice. The 1st Defendant failed to prove the factual basis for his statements, and the Plaintiff's reputation was unjustly injured. The statements were therefore defamatory, and the Plaintiff was entitled to all reliefs sought.

Citation
[2022] GHAHC 23
Parties
Plaintiff: Professor Ernest Aryeetey; 1st Defendant: Professor Ebenezer Oduro Owusu; 2nd Defendant: University of Ghana
Court
High Court
Jurisdiction
Ghana
Judgment Date
27 October 2022
Procedural Posture
Civil Defamation / Judgment
Outcome
Judgment for the Plaintiff against the 1st Defendant on all reliefs; no claim against the 2nd Defendant.
Legal Topics
Defamation, Justification, Fair Comment, Damages
Source Language
English
Tort Law Defamation Justification Fair Comment Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Professor Ernest Aryeetey

Plaintiff

Professor Ebenezer Oduro Owusu

1st Defendant

University of Ghana

2nd Defendant

Procedural Posture

Civil Defamation / Judgment

Legal Issues

  1. 1 Whether the statements complained of are defamatory
  2. 2 Whether the 1st Defendant has any legal justification for making the statements
  3. 3 Whether the opinion held by 1st Defendant is based on true facts

Ratio Decidendi

The Court found that the 1st Defendant made and published the statements complained of, which were not justified by truth or fair comment, and were actuated by malice. The 1st Defendant failed to prove the factual basis for his statements, and the Plaintiff's reputation was unjustly injured. The statements were therefore defamatory, and the Plaintiff was entitled to all reliefs sought.

Court Disposition

Judgment for the Plaintiff against the 1st Defendant on all reliefs; no claim against the 2nd Defendant.

Orders

  • Declaration that the 1st Defendant’s statements in March 2018, August 2018, and July 2019 imputing wrongdoing, illegal and corrupt acts against the Plaintiff are defamatory.
  • Award of GH¢300,000.00 damages, including aggravated damages, against the 1st Defendant for injury to the Plaintiff’s reputation.