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January 18, 2023
HIGH COURT
GHANA
CORAM
The Plaintiff on the 25th day of November, 2020 caused a Writ of Summons to be
issued against the Defendant herein and claimed for the following reliefs:
a. A declaration that the statements complained of supra and contained in
Defendant’s letter dated 9th March, 2020 addressed to Plaintiff are defamatory of
the Plaintiff.
b. Payment of an amount of Twenty Million Ghana Cedis (GH¢ 20,000,00.00) as
damages for defaming the Plaintiff.
c. An order for perpetual injunction restraining the Defendant howsoever from
further publishing and /or causing to be published the said defamatory statement
against the Plaintiff.
d. An order for a retraction of the defamatory statement complained of supra
imputing criminality to Plaintiff and published by the Defendant against the
Plaintiff.
e. An order for a public apology by the Defendant and publication of same in two
national daily newspapers.
f. Costs
THE CASE FOR THE PLAINTIFFS
The Plaintiff is the Chief of Gyahadze and Gyaasehen of Effutu Traditional Area
of the Central Region whilst the Defendant is the Paramount Chief of the Effutu
Traditional Area of the Central Region. The Plaintiff is known in private life as
John Sam and the Magistrate of the District Magistrate Court, Dzolo-Kpuita in
the Ho West District of the Volta Region of the Republic of Ghana.
It is the case of the Plaintiff that prior to his appointment as a Magistrate of the
District Court; he was an educationist with several years of service in the sector.
According to the Plaintiff, on 9th March, 2020 the Defendant
wrote a letter addressed to him with the title “END THE WANTON
DISSIPATION OF EFFUTU STOOL LANDS NOW”.
The Plaintiff avers that in the said letter the Defendant wrote and consciously
took steps to publish defamatory matter against him as follows:
“Your general attitude was reflected in the forgery medical report that you sent
to the judicial committee hearing a case against you but which gave you a
leverage that you were not given a fair hearing. Hence, the ruling at the Regional
House of Chiefs annulling the hard work of the panel of the Effutu Traditional
Council. See, what you did which has vividly been told several times by those
you planned with. Of course, this is not the signature of my good friend Dr. J.C.
Otoo. I just want to let you see yourself in perspective before getting into the
main subject”.
The Plaintiff avers that the said letter authored by the Defendant was addressed
to him and Defe
AI Generated Summary
John Sam, Chief of Gyahadze and Gyaasehen within the Effutu Traditional Area and a sitting Magistrate, sued the Paramount Chief of Effutu for defamation over a 9 March 2020 letter titled END THE WANTON DISSIPATION OF EFFUTU STOOL LANDS NOW . The letter accused Sam of forging a medical report and the signature of Dr. J.C. Otoo submitted to the Regional House of Chiefs, allegedly affecting destoolment proceedings. Sam claimed the letter was published to the Municipal Chief Executive of Winneba, the District Police Commander, and rural chiefs, and sought a declaration, GH20,000,000 damages, injunction, retraction, and apology. The Defendant admitted authoring the letter, denied publication, noted a pending destoolment matter, and offered an unqualified apology if damage arose. The Court held the words were capable of defamatory meaning but found no proof of publication, applying the Evidence Act and precedents including SIDI v ISSAH and AMOAKO v Takoradi Timbers. The suit was dismissed with GH4,000 costs against Sam.