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EDWARD KOFI GHUNNEY v. JUSTINA ANSAH & ATTORNEY-GENERAL

2019

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP, ERIC KYEI BAFFOUR, ESQ

Areas of Law

  • Tort Law
  • Evidence Law

AI Generated Summary

Plaintiff, a driver at the National Blood Service, claimed that the head of the service, the 1st Defendant, falsely informed colleagues that he was HIV positive. This led to his stigmatization and distress, for which he sought compensation, an apology, and damages for breach of duty of care. The Plaintiff alleged that the 1st Defendant negligently disclosed his HIV status, causing him emotional distress. The Defendant denied the allegations, maintaining that confidentiality was preserved and proper counseling provided. The court evaluated defamation and negligence claims, concluding that defamation was unproven due to lack of third-party disclosure evidence. However, it found negligence in the 1st Defendant's disclosure method of Plaintiff’s HIV status, resulting in nominal damages of Gh¢20,000 and legal costs of Gh¢8,000 awarded to the Plaintiff. The court referenced several cases to establish legal principles related to defamation, negligence, and damages. Claims for other requested reliefs were dismissed.

JUDGEMENT