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JUDGMENT
J U D G M E N T
CLAIM:
The plaintiff claims the following reliefs from the defendant;
a) Damages of Ghc2,000.00 against the defendant for defamation of character
and the hard earned reputation of the plaintiff with derogatory and acerbic
words to wit:
“Odwamafo wofre wohose ohemaa, nanso mmofra nketewa na di wo”, which
literally means “ Prostitute, you call yourself a queen mother, but it is small
small boys who have sex with you”
b) An order of the Honourable Court compelling the defendant to retract and
publicly apologize for her defamatory words through the Topease information
centre on three (3) Separate occasions.
c) Costs.
SUMMARY OF PLAINTIFF’S EVIDENCE:
It is her case that the defendant used defamatory words on her thereby damaging
her reputation as a queen mother. According to her, the words spoken in twi by the
defendant were” Odwamanfo, wofre wo ho se ohemaa, nanso nkodaa nketewa na
enewo da” which translate to “Prostitute, you call yourself a queen mother, but it is
small boys who have been having sex with you”
She therefore took this action praying the Court for the reliefs endorsed on writ of
summons. She called one witness to support her case.
ISSUES FOR DETERMINATION
Before I delve into the issues for determination, I must place on record that in
accordance with order 18 r3 (c ) of The District Court Rules, 2009(C.I 59), the Court
ordered the parties to file their written and witness statements. The plaintiff complied
and served the defendant, both through direct personal service and substituted
service (because the defendant was not coming to Court after several adjournments
and hearing notices failed to procure her attendance).
On the date the Court decided to hear the matter in her absence, she surfaced in Court
without filing her written and witness statement, but was allowed to cross examine
the plaintiff and her witness and was given the chance to file her witness and written
statements before the next date, but she failed to do so.
On the return date, the defendant was absent, and did not file her written and witness
statements. I therefore took it that she decided to waive her right to file those
statements and therefore in accordance with order 25 r1 of C.I 59 (supra) I proceeded
and gave judgment in the absence of the defendant., who cannot be heard anywhere
say that she has been denied fair hearing.
On this score therefore, the only issue for determination is whether or not the words
allegedl