DANIEL ASONG GYAMBIBY v. PETER KWABENA KRAH

JUDGMENT

The judgment herein is the outcome of a civil writ of summons under the District Court

Rules 2009, CI 59, order 2 rule 3(6) filed by the Plaintiff against the defendant for the

following reliefs.

1. The cost of white ram, one piece of white calico, one pot of palm wine and cash

the sum of twenty thousand Ghana (GH₵20,000.00) general damages for

publishing slanderous and defamatory words concerning and against the Plaintiff

at a public place at Dapaa Amanta at the sight and hearing of other people in Twi

language on the 14th day of January, 2022 to wit:

“wo Daniel Asong Gyambiby, wo nim bre ansa na old men (Kwesi Gyambiby agye

wo se ne ba; nanka yenim anka yen amma kwasi angye wo se ne bai. Wo nnye

kwasi ba”

Which words when translated into English language means:-

“You Daniel Asong Gyambiby,. Do you know how we suffered before your father

accepted you as one of his children. We should not have intervened for your father

to have accepted you as one of his children”

You are not the biological son of Kwasi Gyambiby your mother had carried your

pregnancy from somewhere and brought it to Kwasi Gyambiby”

These words used by the Defendant just to tarnish the good reputation of the

Plaintiff as a teacher with children and a prominent member of Dapaa community.

Plaintiff further states that his father had children from other women in and

around the Kadjebi District and as a result of the Defendant’s publications the

Plaintiff’s siblings started pointing their fingers at the Plaintiff as a bastard.

Plaintiff finally says the Defendant would not refrain from his utterances unless

restrained by an order from this court. Wherefore the Plaintiff claims from the

Defendant as per the reliefs endorsed thereon.

When the parties appeared before this court and the plea of the Defendant was

taken, he pleaded not liable to the reliefs of the Plaintiff. The court ordered the

parties to file their witness’s statements and they did/complied.

The Plaintiff relied on his witness statement filed in his evidence in chief after

which he was cross examined after his evidence on oath by the defendant. The

witness statements were adopted by the court.

After the close of the case by the Plaintiff, the Defendant was also called upon to

open his defence and he did. He was later cross examined by the Plaintiff. The

Defendant relied on two witnesses who were cross examined after they each gave

their evidence to corroborate the defence of the Defenda