K. W MAHTANI v. G. P. DASWANI

This is an appeal from the Divisional Court at Accra in a defamation action arising from a public notice in the African Morning Post. Gagandas Partabrai Daswani, acting under a Hong Kong power of attorney for Utoomal & Assudamal Co., published a notice revoking Choithram Wadhumal Mahtani’s authority and warning that dealings with him or purchases of Mahtani Brothers’ stores were at the public’s risk. Bannerman, J. held the notice to be a vicious libel and awarded £1,500. On appeal, a joint judgment by Kingdon, C.J. (Nigeria), Petrides, C.J. (Gold Coast), and M’Carthy, J. allowed the appeal on ground 7 only, finding that the trial judge had treated the publication as imputing insolvency to the plaintiff—a meaning not pleaded—and took that unpleaded innuendo into account when assessing damages. Applying Smith v Schilling, the court held this was a misdirection, set aside the judgment and costs, ordered a refund of any sums paid, and directed a new trial before a different judge, declining to assess damages absent consent.