DIANA FUH v. DIANA FUH

On the 14th of December 2020 the plaintiffs/appellants (herein referred to as plaintiffs

issued a writ of summons at the District Court Adaklu for the following claims against

the defendant.

a) Gh¢10,000.00 being general damages for defamation of plaintiffs’ character to wit

slander words which defendant maliciously uttered against the plaintiffs to

tarnish their good image without any provocation whatsoever in Ewe and to the

hearing of other people in the community, “Mi dobe mia wum”

The above words when literally translate into English language means “You people

have planned to kill me”.

In their statement of claim which is found at page 5 and 6 of the record of appeal they

alleged that, they are Teacher and Police Assistance whilst the defendant is a Pastor.

They all live at Adaklu Anfoe. It is their story that sometime in November 2020, the

defendant went to the 1st plaintiff’s house and 2nd plaintiff’s office at Adaklu Waya

and in the presence of others uttered certain words to wit “Mido be mia wum” which

when translated in English language means “You people have planned to kill me” to

the hearing of the general public. The plaintiffs aver that these utterances of the

defendant have injured their character and has caused them to lose respect and

dignity before others in the vicinity.

Upon service the defendant denied their claims and in her defence counter-claimed

against plaintiffs as follows;

(a) An amount of GH₡4,000.00 from plaintiffs for wasting defendant’s precious time

which can be found at page 7 and 8 of the record of appeal.

A full trial ensued at which the plaintiffs/appellants testified and called two witnesses.

The defendant/respondent testified and called three witnesses in prove of her counter-

claim.

On the 23rd of March 2021 the presiding Magistrate His Worship Samuel Essel Walker

delivered himself of a judgment by which he found in favour of the defendant and

dismissed the appellants’ claim. The said judgment appears on pages 43-55 of the record

of appeal.

He found as follows

1. That the defendant published those words complained of by the plaintiffs.

2. The words are not false of the plaintiffs.

3. The incident happened in a public place so a lot of people heard same as they had

been called by the Chief of Adaklu Anfoe and

4. The defendant had not defamed the plaintiffs.

GROUNDS OF APPEAL

The Notice of Appeal filed by the plaintiffs/appellants against the judgment appears at

pages 59-60 of th