RANSFORD ANINAGYEI-BONSU v. VODAFONE GHANA & 2 ORS
July 9, 2023
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE RICHARD APIETU (J
Areas of Law
- Civil Procedure
- Tort Law
July 9, 2023
HIGH COURT
GHANA
CORAM
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On 11th October, 2022, the Applicant herein originated the instant action for compensation
on account of unlawful arrest, restriction and detention caused by the Respondent
hereinafter referred to as 1st Respondent on 20th July, 2022 at the premises of Vodafone
office at Community 1, Tema. On the orders of the Court dated 13th December, 2022 the
Respondent filed a revised Application to include the Inspector General of Police and
Attorney General as 2nd and 3rd Respondents.
In the application which is anchored on Article 14 (5) of the Constitution of the Republic
of Ghana, 1992, the Applicant prays for the following reliefs:
(a) Apology from Vodafone for their unprofessional conduct and my humiliation.
(b) Damages for defamatory conduct: GH¢5,000,000.00.
(c) Damages for false imprisonment: GH¢70,000,000.00.
(d) Cost of Legal Services.
THE CASE OF THE APPLICANT
The facts that have hurled the parties before this Court arise from the encounter between
the Applicant and the 1st Respondent on 14th July, 2022 at the 1st Respondent’s office at
Community 1, Tema.
According to the Applicant, per the affidavit in support of this action filed on 16th
December, 2022 he is an Environmental Engineer, and currently pursuing his legal
studies at Mountcrest University, Accra. He is a customer of Vodafone, with mobile
phone number 020-020-9349, in addition to having Airtel/Tigo mobile number 0262-974-
The Applicant states that on 14th July, 2022, he decided to register his Vodafone mobile
number but when he dialed their code *404#, for the SIM registration, another name
popped up: Issa Usman.
The Applicant states further that he attempted unsuccessfully to get it corrected at the
Accra Mall, and Vodafone headquarters, till he eventually ended up at Vodafone office
at Community 1, Tema. At Tema, he enquired of the Manager, and reported the wrong
name to him, whereupon he requested to see the chip. He told him the chip was not with
him, but he could produce it in an hour or two. At any rate, to allay his fears, he produced
his IDs, and the office stamp of his company: Baruscans Group Engineering, bearing the
Number 020-020-9349.
According to the Applicant he asked him to follow him to an inner room, then blurted
out: YOU ARE FRAUDSTER, SO POLICE IS COMING TO ARREST YOU! He summoned
a security man to stand guard over him, then closed the door behind him. He then called
his brother to come with the phone with the chip. Within minutes, the polic
AI Generated Summary
Justice Richard Apietu of the High Court delivered a ruling in Suit No. GJ/0027/2023 dismissing an application by a Vodafone Ghana customer who sought an apology and substantial damages for alleged defamation and false imprisonment. The Applicant, an environmental engineer studying law, discovered that his SIM 0200209349 was re-registered under the name “Issa Usman.” After seeking correction at various Vodafone offices, he went to the Tema Community 1 shop, where the Manager suspected fraud when the Applicant could not produce the SIM or answer KYC questions, and police subsequently escorted him to the station and released him. Vodafone argued the SIM was conclusively registered to Issa Usman under the 2021 re-registration regime. The court held that defamation must be commenced by writ and cannot be joined to a human rights application, and that the Applicant failed to discharge the evidentiary burden to prove false imprisonment, as Vodafone merely provided information and the police acted independently. The application was dismissed with GH¢10,000 costs to Vodafone.