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AWUH ADOLEY MERCY v. GODIGBE AKOS

November 17, 2022

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE NAANA BEDUADDO ESQUIRE, THE HIGH COURT JUDGE

Areas of Law

  • Tort Law
  • Evidence Law

AI Generated Summary

This High Court defamation case arises from a family dispute in Adotekope-Aflao. After Innocent Godigbe was admitted to Central Hospital, Aflao, his sister (the Defendant) publicly confronted his wife (the Plaintiff) in the ward, accusing her in Ewe of adultery, claiming her pregnancy was not Innocents, and cursing that she would die in childbirth. Witnesses present included nurses, patients, and family members. Defendant allegedly repeated these accusations in the community and to Plaintiffs father, invoking a fetish priest. Plaintiff sought damages, a public denouncement by beating a gong-gong, and a perpetual injunction. The court applied Ghanaian defamation and customary law standards, found the hospital setting satisfied publication, and determined the accusations were defamatory in their ordinary meaning. It discounted defence evidence due to contradictions and lack of first-hand knowledge. The court ruled for Plaintiff, granted all reliefs endorsed on the writ, and awarded GH5,000 costs.

JUDGMENT