BENJAMIN DUFFOUR VS BANK OF GHANA & ANOR
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE DANIEL MENSAH.
Areas of Law
- Tort Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sued the Bank of Ghana and Graphic Communications Group Ltd. for defamation after a publication stated he was dismissed due to unionization activities. The plaintiff argued the publication damaged his reputation and career prospects. The defendants denied the claims, but the court found the publication defamatory. The plaintiff was awarded GHȼ300,000.00 in damages, and the second defendant was ordered to retract the publication and apologize.
By his amended writ the Plaintiff’s claim against the defendants jointly and severally as follows: a. Twenty million cedis (Ghȼ20, 000, 000. 00) General Damages for Defamation. (a. i) Substantial Damages (aii) Aggravated Damages (aiii) Exemplary damages b. A retraction of the after offending “Daily Graphic” Publication dated the 30th June, 2008 captioned “Bank of Ghana dismisses two trade union leaders.
C. An order of perpetual injunction restraining the defendants herein, their agents, servants, or any entity authorized by them from publishing Any similar or further libelous material about plaintiff.
d. The rendering of an unqualified apology by defendants to plaintiff to be delivered in the same mode as was published.
Per the claim filed by the plaintiff, the following facts emerged.
The plaintiff had been employed by the 1st defendant (Bank of Ghana) in July 1997 and worked with the said bank till 30th June, 2008 when the 1st defendant purported to have terminated his appointment even though he is yet to receive any letter to that effect.
The plaintiff averred that on the 30th June, 2008 he went to work but was prevented by the security personnel of the 1st defendant from entering the premises of the 1st defendant.
The plaintiff was informed by the said security personnel that they had instructions from management of 1st defendant not to allow him access to the 1st defendant premises.
The plaintiff says that it was whiles he was trying to find out the reason behind the instructions that some of his colleagues came and met him and drew his attention to a publication by the 2nd defendant to the effect that plaintiff had been dismissed.
The headline of the said publication of 2nd defendant which had been captured on the front page with the details at page 24 of the Monday June 30, 2008 edition of the Daily Graphic to wit “Bank of Ghana dismisses 2 trade union leaders’. In the said publication it was stated that: “According to reliable source at the bank, the Chairman Mr Benjamin Duffour and the secretary, Mr Frank Mensah were handed their dismissal letters last Friday and their identity cards which allow them entry into the bank premises taken from them.
The plaintiff say that in the said publication it was further stated that“one source said the bank’s security head was given a copy of the dismissal letters and instructed to retrieve the identity cards from the two workers”. The publication according to the plaintiff was also captured on the vari