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JUDGMENT
INTRODUCTION/BACKGROUND:
This case commenced with the issuance of a Writ of Summons and Statement of Claim
by the Plaintiff on 9th of September and 4th of November, 2019 claiming the following
reliefs;
a. An order restraining the Defendants from further use of the defamatory words against the
Plaintiff.
b. Damages for defamation and
c. Costs.
THE CASE OF THE PLAINTIFF
The Plaintiff per his pleadings and evidence before this court states that he is a farmer
and lives at Dalikorpe near Dzodze in the Ketu North Municipality with the Defendant.
The Plaintiff states that on the 13th of August, 2009 at about 8:00pm, the defendant without
any provocation hurled insults at him in the Ewe language which is translated into
English as follows;
“You are an abnormal person, you have been defecating on yourself and have sex with your own
mother”.
The Plaintiff states that he summoned the defendant at the Arbitration Court of Torgbui
Mlakpa IV but upon invitation, the defendant refused to honour the invitation.
The Plaintiff states that he is a father of one and his mother is also alive and the words
used by the defendant against him on that day is making people ridicule his family.
The Plaintiff avers that the words used against him are defamatory in nature, hence the
instant action against the defendant.
DEFENDANT’S CASE
In his Statement of Defence filed on 26th October, 2021, the defendant stated that on that
13th of August, 2019 a goat belonging to one Vicky Gatsi entered the house of Mawuli
Agbagbla his uncle and PW1 herein and he unlawfully killed it.
The Defendant stated that when the owner of the goat narrated the incident to him, he
accompanied her to make a complain to Agbotadua Gawu who went together with them
and one other person called Nutsu to the house of PW1 for confirmation.
The Defendant stated that upon their arrival they questioned PW1 on the issue and he
stated that he was only going to give his response when the plaintiff herein arrives. Upon
his arrival, the plaintiff asked PW1 what the issue was and he answered him that it was
because of the goat he killed that the defendant had brought the Agotadua and Nutsu
who he referred to as a C.I.D to come and effect his arrest.
The Defendant stated that upon hearing PW1, the plaintiff started hurling insults at him
with words in the Ewe language which is translated into English as follows;
“You are not a native of this town to bring a C.I.D to effect the arrest of Mawuli