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BOGYA v. BOAKYE

June 23, 1981

HIGH COURT

GHANA

CORAM

  • ANSAH-TWUM J

Areas of Law

  • Tort Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

This civil defamation suit arises from community announcements in the Wantram area about lost sheep. Plaintiff Kweku Bogya, a farmer and royal family member, alleged that Defendant Opanin Boakye caused the gong-gong beater to proclaim that Bogya was a thief who stole Boakye’s sheep, leading to public ridicule and loss of the Wantram stool. The court found Bogya kept the sheep for a week and moved them eight miles to Wassa Akropong without reporting to the chief despite local custom. Accepting the chief linguist’s testimony, the court concluded the only authorised announcement was that Boakye found his lost sheep with Bogya and the search should cease. The court held Bogya failed to plead and prove the exact defamatory words or any innuendo and, even if words had been defamatory, justification would succeed given the custom and Bogya’s conduct. The action was dismissed.

JUDGMENT