BORIS FIDELIS v. JANET MIKADO
March 17, 2023
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP AYITEY ARMAH-TETTEH J
Areas of Law
- Tort Law
- Civil Procedure
March 17, 2023
HIGH COURT
GHANA
CORAM
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The Plaintiff on 29 January 2021 issued out a writ of summons against the defendant
claiming the following reliefs:
1. The Plaintiff’s claim is for special damages for deciept (sic) by the Defendant for
wrongfully, intentionally and falsely representing that Plaintiff was responsible for the
pregnancy for which act the Plaintiff suffered damages against the defendant.
2. General damages for deceipt(sic).
3. Costs
Briefly, the Plaintiff’s claim is that in the month of November 2019, the defendant lodged
a complaint at the Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana
Police Service, Hohoe against the Plaintiff that she was impregnated by the Plaintiff.
According to the Plaintiff he denied the allegation when he was called to the office of the
Divisional Commander of Police with CHRAJ and the District Social Welfare Officer in
attendance. It is the case of the Plaintiff that to avoid scandal, he agreed to pay
maintenance allowance of Ghs 100.00 per month until the Defendant gives birth.
According to the Plaintiff on the 17th of July 2020 he caused a Writ of summons to issue
before the District Court, Hohoe, suit No A6/01/2021 against the Defendant in suit
entitled FIDELIS BORIS v. JANET MIKADO. It is the further case of the Plaintiff that the
court ordered a paternity test when the child was born, and the report indicated that the
Plaintiff was not the father of the child. It is the case of the Plaintiff that the court ordered
him to bear the cost of the test.
The defendant was served with the writ of summons and statement of claim. She entered
appearance on 10 August 2021 and filed a defence on 31 August 2021 and denied the
claim of the claim of the Plaintiff in its entirety. According to the Defendant, she sent her
former husband to DOVVSU and the Plaintiff as a Police Officer was in charge of the case.
It is the case of the Defendant that they later entered into an amorous relationship for two
and half years. And that it was within this period of their amorous relationship that she
got pregnant. According to Defendant, the Plaintiff asked her to terminate the pregnancy,
but she refused and gave birth. It is the case of the Plaintiff that the DNA result is fake,
and the plaintiff is the father of her child. The defendant then counter claimed as follows:
‘Compensation from the Plaintiff for the 2 ½ years spent with Plaintiff as a wife,
cook, wash (sic) , slept and have(sic) intercourse with defendant.’
ISS
AI Generated Summary
Ayitey Armah‑Tetteh J of the Ghana High Court adjudicated a claim for deceit brought by Fidelis Boris against Janet Mikado after Mikado told law enforcement and related agencies in Hohoe that Boris had impregnated her. Although Boris initially agreed, to avoid scandal, to pay monthly maintenance until the child’s birth, he later secured a Family Tribunal order for a DNA test, which excluded him as the father. In the present High Court proceedings, Mikado filed a defence and an unusual counterclaim seeking compensation for two‑and‑a‑half years of cohabitation‑like services, but repeatedly failed to comply with witness‑statement directions; the court struck out her defence and counterclaim under C.I. 47. Addressing two issues—paternity estoppel and tort liability—the court applied Dahabieh v SA Turqui & Bros and Derry v Peek, found deceit, and awarded damages and costs.