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
November 17, 2022
HIGH COURT
GHANA
CORAM
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.
J U D G M E N T
The Plaintiff herein instituted this action against the Defendant herein on 17th
January, 2020 for the following reliefs:
reasonable or tangible legal explanation to substantiate the utterances
complained of in the statement of claim.
Plaintiff of the utterance aforesaid.
by herself, her agents, assigns etc. from in any manner using the same and
or similar defamatory utterances against the Plaintiff.
PLAINTIFF’S CASE
Plaintiff, who is a trader and resides at Adotekope-Aflao, is married to the
Defendant’s brother. The Plaintiff avers that on 4th November, 2019 around
5:00 am her husband complained of stomach pain and she sent him to Central
Hospital, Aflao.
The Plaintiff further avers that her husband was admitted at the said hospital where
he was undergoing treatment. He later asked her to prepare rice and stew for him.
Plaintiff avers that she went home to cook the rice and returned to the hospital
around 7:00pm and she met the Defendant and another lady there.
Plaintiff avers that without any provocation, in the sight and to the hearing of the
people at the hospital, which is a public place, the Defendant used slanderous,
abusive and defamatory words against her. The said words were allegedly said in
the Ewe language. To wit “Adoley, mega kor nududu na norvinya o, elebena
edafor, efuye nefoa menye norvinye ye dowo o. Ne eyividzike la akuo”. This
literally means in English “Do not give the food to my brother, you slept with
another man aside your husband, the pregnancy you are carrying is not for my
brother so if the time is due for your delivery, you will die”.
The Plaintiff further avers that because of this embarrassment at the
Hospital, she left the hospital whilst her husband was still on admission. Plaintiff
claims that the Defendant repeated those same, slanderous, abusive and
defamatory words in the area in which they life.
Plaintiff avers that the alleged utterances of the Defendant have made her become
a public enemy which has affected her business and private life.
Plaintiff further claims that after the hospital incident, her husband followed her to