Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

DAASEBRE NANA OSEI BONSU II v. AKWASI MENSAH & ORS

February 24, 2010

SUPREME COURT

GHANA

CORAM

  • ATUGUBA, JSC (PRESIDING)
  • ANSAH, JSC
  • BAFFOE-BONNIE, JSC
  • ARYEETEY, JSC
  • GBADEGBE, JSC

Areas of Law

  • Tort Law
  • Media Law
  • Civil Procedure
  • Human rights Law

AI Generated Summary

The Supreme Court of Ghana, per Gbadegbe JSC, allowed an appeal by the publishers of the Daily Dispatch against a Court of Appeal decision awarding damages to Nana Osei Bonsu II, the Mamponghene, over a 2003 article alleging fraud tied to a Queen Mother nomination. The Court held the defence of fair comment was properly made out: the headline and opening paragraph were opinion, and the remainder reflected facts already in a petition to the Asantehene, making the matter one of public interest. It rejected a preliminary objection to the appeal’s competency arising from a misdescription in the notice of appeal, treating it as a non-fatal irregularity aimed at substantial justice. Finding no malice and recognizing the role of customary adjudication, the Court restored the High Court’s dismissal and emphasized constitutional free speech.