HON. OWUSU ALBERT & ORS VS NANA FOSU GYEABOUR APENTENG III
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE FREDERICK A.W.K. NAWURAH
Areas of Law
- Tort Law
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs successfully claimed defamation against the Defendant for publishing a letter that alleged misuse of CHPS funds and dereliction of duty. The Court held that the letter was defamatory and dismissed the Defendant's defense of qualified privilege due to malice. Damages of GH₵ 40,000.00 and costs of GH₵ 7,000.00 were awarded to the Plaintiffs. The Defendant was also ordered to publish a retraction and apology.
The effect of a defamatory statement has been described in a Supreme Court of Canada case, Hill v. Church of Scientology (1995) 126 D. L. R. (4th) 129 at 176, as follows: “…a defamatory statement can seep into the crevasses of the subconscious and lurk there ever ready to spring forth its cancerous evil.
The unfortunate impression left by a libel may last a lifetime.
Seldom does the defamed person have the opportunity of replaying and correcting the record in a manner that will truly remedy the situation.
The real damage cannot be ascertained and established.
It is impossible to track the scandal to know what quarters the poison may reach hence damages being described as at large. ”Per their amended writ of summons and Statement of Claim, the Plaintiffs, who are members of a Committee established to manage the Community Health Planning and Services (CHPS) Compound at Asubinja in the Bono East Region, sued the Defendant, who is the chief of Asubinja, for the sum of forty thousand Ghana Cedis (GH₵40, 000. 00)in damages for defamation.
The Plaintiffs also seek an order directed at the Defendant to retract his defamatory publication against them and render an unqualified apology to them, and also an order of injunction restraining the Defendant from making any further defamatory publications against them.
It is the case of the Plaintiffs that the Defendant defamed them when, without any reasonable basis, he maliciously wrote a letter dated 20th November, 2018, to to some offices including the Ministry of Health, Techiman North District; the Chief Executive, Techiman North; the Member of Parliament, Techiman North; the Acting President of Offuman Traditional Council, Nana Hemaa-Offuman; the Chairperson, CHPS Compound, Asubinja; and the Assemblyman, Asubinja Electoral area, and made very serious disparaging libelous statements against the Plaintiffs.
The Plaintiffs contend in the main that the letter imputes a lack of integrity on their part, and that they have used the funds raised in Support of the CHPS Compound to buy cattle for their own interest. The Plaintiffs further contend that the letter categorically states that the 8th Plaintiff is in the habit of abandoning his duty post at the CHPS Compound and taking his cattle to graze in the bush.
The Plaintiffs conclude that the Defendant’s letter defamed them because it was calculated, amongst other things, to damage their businesses, their offices and political careers, and it also subjected them to p