NANA YAW AGIRE AHOR II v. ISAAC KWESI PANYIN & ORS
2016
COURT OF APPEAL
GHANA
CORAM
- HONYENUGA, J.A. (PRESIDING)
- GYAN, J.A.
- SUURBAAREH, J.A.
Areas of Law
- Civil Procedure
- Tort Law
- Alternative Dispute Resolution
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellants contested a High Court decision that dismissed their motion to strike out a defamation suit filed by the respondent, involving claims related to defamatory letters and public statements. The appellate court reasoned that since the issues had been previously arbitrated and settled by the Traditional Council, the respondent’s action was frivolous, vexatious, and an abuse of the court process. The trial court's failure to dismiss the suit was a legal error, leading to the appeal being allowed and the High Court's judgment being set aside.
HONYENUGA, J. A.
This appeal is by the defendants/appellants (hereinafter called the appellants) against the Ruling of the High Court, Agona Swedru dated the 25th day of September, 2015. The said court had dismissed the application by the appellants to strike out the plaintiff/respondent’s action.
The plaintiff/respondent would be referred to as the respondent.
The facts of this appeal were that the respondent is a businessman and the Gyasehene of Gomoa Akramang.
A letter written by the second appellant purportedly on behalf of the people of Akramang was circulated to the Divisional Police Commander at Agona Swedru, the District Police Commander at Kasoa and the District Chief Executive at Gomoa Afransi.
The respondent claiming that the letter was defamatory of him caused the instant writ of summons to be filed against the appellants jointly and severally as follows: -“(a) General damages for defamation against the 2nd defendant for writing a letter dated 6/1/2015 to the Omanhene of Gomoa Akyempim Traditional Area and copied to the Police Agona Swedru, Kasoa and the DCE, Gomoa East District Assembly and also carried by Peace FM on their peacefm.
com on 2015-01-12 at 12: 02: 28 and also carried by UTV in their News bulleting dated 14-12-14 that plaintiff among other things has been making unauthorized sales of Gomoa Akramang lands, making unnecessary arrests and assaults of the youth of Gomoa Akramang, had been making indiscriminate felling of trees from the forest reserve of Gomoa Akramang, not been accounting to the town’s revenue, was a land guard and had also brought land guards to terrorize the people of the town a publication that the 2nd defendant well knew at the time of publication to be untrue and only calculated to tarnish the hardwon reputation of the plaintiff and also to reduce the plaintiff in the estimation of right thinking members of the society and also to make the plaintiff a subject matter of hatred, ridicule and contempt.
b) General damages for defamation against the defendants for forming a group at Gomoa Akramang called Arise and Shine group and on 14-12-14 at the old durbar grounds at Gomoa Akramang and in the presence of the entire township hooted at the plaintiff’s access to a meeting claiming that plaintiff was a chief, who sells peoples lands, was a land guard who had sold Akramang forest and had been felling frees in same a statement of defendants well knew at the time of publication to be not only untrue but also calcul