GOMOAH v. ETUAFUL
1960
HIGH COURT
GHANA
CORAM
- ADUMUA-BOSSMAN J
Areas of Law
- Civil Procedure
- Tort Law
- Evidence Law
1960
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case was about determining the liability of a defendant-respondent for statements made while testifying in court. The ruling reiterated the established principle of witness immunity, referencing English law and its application in local courts. Given that no further action happened beyond the courtroom statements, the plaintiff-appellant had no right of action. Therefore, the appeal was dismissed.
JUDGMENT OF ADUMUA-BOSSMAN J.
(His Lordship referred to the facts and continued).
There is however one matter of some importance which has made it necessary to give this considered written judgment-and that is whether the defendant-respondent was liable to be sued at all for anything said in the course of testifying as a witness in a court of law.
The position in English law has been explained in a number of leading cases, and it will be sufficient to refer to only one, namely, Watson v. M'Ewan and Watson v. Jones ([1905] A.C. at p.486) in which Halsbury L.C. said:
"By complete authority, including the authority of this House, it has been decided that the privilege of a witness, the immunity from responsibility in an action when evidence has been given by him in a Court of justice, is too well established now to be shaken. Practically I may say that in my view it is absolutely unarguable—it is settled law and cannot be doubted. The remedy against a witness who has given evidence which is false and injurious to another is to indict him for perjury; but for very obvious reasons, the conduct of legal procedure by Courts of justice, with the necessity of compelling witnesses to attend, involves as one of the necessities of the administration of justice the immunity of witness from actions being brought against them in respect of evidence they have given. So far the matter, I think, is too plain for argument."
Our native courts (now local courts) are creatures of statute like the High Court and their procedure, at least so far as formal trial involving the use of witnesses is concerned is identical with the procedure of trial in the High Court and it appears to me that this fundamental principle as to the immunity of witnesses must apply to witnesses who give evidence before them also, i.e., the local courts. It follows that if nothing else happens beyond the mere giving of evidence, no right of action can arise against the witness for anything which he said whilst giving evidence. In my view it is only where possibly a claim to land made whilst giving evidence is repeated or insisted on after the person has ceased to be a witness, that the party disputing the claim can and may have his cause of action. In the case with which we are dealing however, nothing further appears to have happened after the evidence in court and there does not appear to have been a repetition out of court of the words complained of and it seems to me therefore that the plaintiff