MAMA YAADZE LOKKOSI 111 v. TOGBE KENDRA VII & ORS
July 8, 2022
COURT OF APPEAL
GHANA
CORAM
- V. D. OFOE, J.A. (PRESIDING)
- JANAPARE BARTELS KODWO, J.A.
- S. ROSETTA BERNASKO ESSAH, J.A.
Areas of Law
- Tort Law
- Evidence Law
- Civil Procedure
July 8, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (per S. Rosetta Bernasko Essah, J.A., with Ofoe, J.A. presiding, and Janapare Bartels Kodwo, J.A., agreeing) considered an appeal by the Defendants from a High Court judgment in a defamation suit brought by the Queen mother of Kpando-Dzoanti. The Plaintiff alleged that a funeral brochure/poster for Mama Mamavi IV wrongly ascribed to the deceased the status of Divisional Queen mother of Kpando-Dzoanti and the Gbordome Division, and relied on National Register extracts to establish her status. The High Court treated the case as documentary, ordered written arguments, granted an injunction, deferred damages assessment, and awarded GH¢5,000 costs. On appeal, the Court of Appeal held that defamation and the fraud allegations required oral evidence and cross-examination, set aside the judgment, and remitted the case for retrial before another judge.
S. R. BERNASKO ESSAH (MRS.), J.A.
This is an appeal by Defendants/Appellants against a judgment of the High Court, dated 8th January 2018, in which the Court found in favour of the Plaintiff/Respondent.
Being aggrieved by the decision, the instant appeal was launched by the Defendants/Appellants. The following are the grounds of appeal:
a. The judgment is against the weight of the evidence on record.
b. The Trial Judge imported extraneous facts into the judgment which did not occur in the proceedings.
c. The learned judge failed to appreciate the rules of procedure and proceeded to adopt his own proceedings and for no clear reasons rushed into delivering is judgment without giving the Defendants a hearing creating suspicion of bias.
d. The award of GH5,000 as general damages is too harsh and excessive.
e. Additional grounds of appeal may be filed upon receipt of the Record of Proceedings.
No additional grounds of Appeal were filed.
For ease of reference, the parties shall maintain the various designations at the trial High Court in this Appeal.
A background to the instant appeal would contextualize the appeal.
In a Writ of Summons, issued on the 1st February 2017, the Plaintiff described herself as the Queen mother of Kpando Dzoanti. She also averred that by her position as the Queen mother to the Adza Lokko stool of Kpando-Dzoanti, she also doubles as the Divisional Queen mother of the Gbordome Division of the Akpini Traditionl area, and has been gazetted as such. She sued the 1st Defendant who is the sub divisional Chief of Suba Clan of Dzogbesiantei, Kpando-Dzoanti; the 2nd Defendant who is Head and lawful representative of the Asiome Anlode family of Kpando Dzoanti; and the 3rd Defendant the Paramount Queen mother of Akpini Traditional Area, Kpando, seeking the following reliefs:
1. An injunction restraining the Defendants whether jointly and/or severally and whether by themselves servants, agents, privies family members, friends or otherwise, from doing the following acts or any of them that is to say ascribing and/or permitting to be ascribed to Mama Mamavi IV by any publication including any radio and/or Media publication and/or funeral brochure/poster, or otherwise as the Divisional Queen mother of Kpando Dzoanti and Gbordome Division of Kpando Traditonal, Area.
2. Damages for libel contained in the funeral brochure/posters of Mama Mamavi IV – Deceased.
3. Any other reliefs as to the honorable court may deem expedient in the circum