ISSIFU YAW ASIEDU TRAFO, ASSIN FOSO v. ESI MANU TRAFO, ASSIN FOSO

HONYENUGA, J. A.

This is an appeal against the judgment of the High Court, Cape Coast dated the 2nd day of June 2008. The said judgment of the High Court dismissed the entire claim of the plaintiff/appellant and awarded costs of GH¢1, 000. 00 against him.

The facts of this appeal are that the plaintiff/appellant who shall simply be called the appellant is the Gyasehene to the Adontenhene of his family.

A land dispute was resolved between the appellant and the defendant/respondent who shall be called the respondent before the Chief of Assin Foso for which he was found liable.

The appellant being aggrieved filed a suit at the District Court, Assin Foso.

While returning from the Court, the appellant upon reading the frontage of the respondent’s store, she insulted the appellant that he is a foolish man, he smokes Indian hemp and that he walks like an impotent.

The appellant feeling greatly injured by those words commenced this action against the respondent claiming as follows: -

“1. An order for the award of ¢50, 000. 00 being general damages against the defendant for publishing defamatory statements against the plaintiff to wit: “You are a foolish man.

You walk like somebody who is sexually impotent.

You are an imbecile who smokes wee” – which statements have greatly reduced the image of the plaintiff in the eyes of the public.

2. An order compelling the defendant to withdraw the above-mentioned defamatory statements by apologizing to the plaintiff in writing.

3. An order for perpetual injunction to restrain the defendant from publishing defamatory statements of the plaintiff in future”. The writ of summons was accompanied by an eight paragraph statement of claim.

The respondent entered appearance and caused a five paragraph Statement of Defence to be filed on her behalf.

The respondent denied the averments as contained in the Statement of claim and put the appellant to strict proof.

The trial Court then took the application for direction and set down the following issues for trial: -

“i. Whether or not the Defendant insulted and defamed the plaintiff.

Whether or not the plaintiff is entitled to his claim against the defendant.

Any other issue or issues that appear from the pleadings”. The appellant testified and called one witness.

The respondent also testified but called no witness.

The trial High Court on the 2nd June 2008 dismissed the appellant’s claim and awarded costs of GH¢1, 000. 00 in favour of the respondent.

It is against th