Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

Masai Developers & Ors v. Multimedia Broadcasting & Ors

January 16, 2006

COURT OF APPEAL

GHANA

CORAM

  • Mrs. Adinyira, J.A. (Presiding)
  • Mr. Dotse, J.A.
  • Mrs. Heward-Mills, J.

Areas of Law

  • Evidence Law
  • Civil Procedure
  • Tort Law

AI Generated Summary

Mrs. Heward-Mills, J., writing for a unanimous Court of Appeal panel that included Mrs. Adinyira, J.A. (Presiding) and Mr. Dotse, J.A., allowed an interlocutory appeal by the defendants in a multi-plaintiff defamation action. The suit alleged defamatory statements broadcast on various dates and published on a website belonging to the first defendant; tapes and transcripts were tendered. During cross-examination of the second plaintiff, defence counsel attempted to ask whether vehicles had been given as gifts and whether gifts facilitated a waste project through favours from persons in high office, potentially including public officers. The trial judge repeatedly sustained objections, confined questioning to pleaded words and specific paragraphs, warned against exploring a denied meaning, and insisted on amendments before any questions about gifts or implied criminality. Emphasizing that cross-examination testing credibility is not limited to direct issues and that pleading evidence is impermissible, the appellate court found the judge’s interventions hampered the defence and remitted the case.