EDEM ADINYIRA VS. SCANCOM LIMITED & ANOR
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE G. S. SUURBAAREH
Areas of Law
- Evidence Law
- Constitutional Law
- Technology Law
- Contract Law
- Human rights Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff brought a claim against the 1st Defendant for the unauthorized release of her phone records to the 2nd Defendant, which led to her husband leaving her and the ultimate dissolution of their marriage. The Plaintiff argued that the release was illegal under the Electronics Transactions Act 2008 and caused her significant emotional and financial damage. The 1st Defendant contended that it acted based on what it believed was legitimate consent from the Plaintiff. The Court found that the 1st Defendant breached its duty of care and the Electronics Transactions Act 2008 by releasing the Plaintiff's records without proper authorization. The Plaintiff was awarded significant damages to compensate for the emotional distress, loss of marital consortium, maintenance, and other related costs.
By her amended amended writ of summons of 9th February, 2016, the Plaintiff’s claim against the 1st Defendant is for the following reliefs: -“i. A declaration that the action of the 1st Defendant in supplying the Plaintiff’s communication records to the 2nd Defendant without Plaintiff’s knowledge, consent and/or authority is wrongful, illegal and in contravention of the provisions of the Electronics Transactions Act 2008 (Act 772) (sic); ii.
An order directed at the 1st Defendant to pay damages in the sum of Ten Million Ghana Cedis (GH¢10, 000, 000. 00) to the Plaintiff for the wrongful and illegal supply of Plaintiff’s communications records to the 2nd Defendant without the Plaintiff’s knowledge, consent and authority; iii.
Any other reliefs found due”. In support of the above reliefs, the Plaintiff pleaded per paragraphs 7, 8, 9 and 10 of her amended amended statement of claim pursuant to leave granted on 12th January, 2015, filed on 23rd January, 2015, and attached to her amended amended writ of summons of 9th February, 2016, that sometime in December 2011, the 2nd Defendant, her husband, informed her that he had in his possession her phone records and that in view of the contents, he was no longer interested in the marriage relationship.
According to the Plaintiff, her investigations revealed that her phone records, containing phone calls and text messages, and covering the period 12th August, 2011 to 28th December, 2011, were pulled out by the 1st Defendant and supplied to the 2nd Defendant without her knowledge, consent and authority.
After contending in paragraphs 11 of the amended amended statement of claim that the 2nd Defendant has since left the marital home and declared his intention not to return until the plaintiff moved out, she went on in paragraphs 12 and 13 to aver that the conduct of the 1st Defendant, in releasing her phone records to the 2nd Defendant in the circumstances, was very abusive, wrongful, illegal and contrary to the Electronics Transactions Act 2008 (Act 772). According to the Plaintiff, the conduct of the 1st Defendant in releasing her phone records to the 2nd Defendant without reference to her, was not only reckless, but also negligent as well as a breach of its statutory duty of care.
She went on to give the particulars of negligence as failure and or refusal to check from her if she wanted her phone records sent to her through a bearer; failure and or refusal to investigate the request before releasing the phone re