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SIDI v. ISSAH

1990

COURT OF APPEAL

GHANA

CORAM

  • LAMPTEY
  • ESSIEM
  • AMUAH JJA

Areas of Law

  • Tort Law
  • Evidence Law

AI Generated Summary

This appeal concerns a libel suit brought by Isaac Issah after Alhaji Sidi wrote a letter (exhibit A) to the Secretary for Roads and Highways and copied Issah, alleging irregularities in the hiring of Ghana Highways Authority equipment and contract awards, and questioning Issahs role and relationships. The High Court, Tamale awarded Issah a21 million damages and a25,000 costs. On appeal, Lamptey JA analyzed whether the letter was legally published to third parties and whether it defamed Issah, emphasizing the plaintiffs burden to prove publication and recipients lawful authority and perceptions. Witnesses either lacked authority to read letters addressed to Issah or did not believe the assertions. Issah admitted key irregularity allegations pleaded by Sidi, supporting justification. The Court of Appeal set aside the judgment, dismissed Issahs action, and criticized the damages award as excessive given no evidence of reputational harm, noting that nominal damages would only have been appropriate if libel had been proved.

JUDGMENT