Try asking the following...
Try asking the following...
October 26, 1986
HIGH COURT
GHANA
CORAM
JUDGMENT OF ANNAN J.
The claim of the plaintiff,
"is for ¢100,000.00 damages against the defendants jointly and severally for libel contained in a letter dated 21 June 1965 written and signed by the defendants and each of them and addressed and sent to the Regional Commissioner (Northern Region) Tamale," [p.685] and other named persons.
In his statement of claim the plaintiff set out the letter he relied on as a schedule. The letter was set out in full and it runs to six paragraphs. The letter is stated to be about "Malam Ejura's behaviour towards Moslems in Northern Ghana" and its opening sentence reads as follows:
"We would like to point out to you that the peace which had existed among Moslems in Tamale in particular and in both the Northern and Upper Regions of Ghana has been badly damaged by the imposition of Malam Ejura as Chairman of the Northern and Upper Regions Muslim Council against our consent."
The writers of the letter then went on to give reasons for this opening statement in eight sections of paragraph 1 of the letter and in the main relied on allegations that the plaintiff had on certain occasions sent his boys to disrupt meetings of Moslems and to commit acts of assault and unlawful harm against other Moslems.
In their defence the defendants admitted writing the letter set out in the schedule to the statement of claim but denied that "the words contained in the said letter were legally published." No particulars were given by the defendants of the facts relied on by them to support the defence that there was no legal publication. Again the defendants pleaded that even if the words complained of were published by them the words are true in substance and in fact, a plea of justification. The defendants gave certain particulars of this defence and these appear in paragraph (4) (a) to (e) of the defence.
These are:
"(4) (a) The plaintiff denies that 'Wiridi' is an essential part of Moslem worship.
(b) In pursuance of his opposition to the performance of 'Wiridi' the plaintiff has on a number of occasions sent his followers to disrupt meetings summoned by persons who practise 'Wiridi.'
(c) To assert his authority as a so-called Chairman of the Northern Region Moslem Council the plaintiff has on a number of occasions instructed his boys to disrupt meetings of Moslems who have not obtained permission from him to conduct such a meeting.
(d) It is obligatory on all Moslems to attend Friday services at the mosque. It is the practice th
AI Generated Summary
Annan J decided an interlocutory application in a defamation suit brought by Malam Ejura concerning a six‑paragraph letter sent to the Regional Commissioner (Northern Region), alleging his conduct harmed Muslim communal peace and that he sent followers to disrupt meetings. The defendants admitted authorship but denied "legal publication," and pleaded truth (justification), a rolled‑up plea of justification and fair comment, and qualified privilege grounded in common interest or legal, social or moral duty. Applying Order 19 rr. 6, 7, 8 and r. 23A of the Supreme (High) Court (Civil Procedure) Rules, the court reiterated that particulars exist to clarify the opponent’s case, not to force disclosure of evidence; general imputations require specific particulars, while specific charges may be justified in general form; and privilege and fair comment must be particularized. The court granted particulars of denial of publication, the rolled‑up plea, and privilege/duty, refused particulars of dates and places, imposed timelines and costs, and warned that default would result in preclusion and striking out of pleadings.