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WACHTER v. HARLLEY

November 30, 1968

HIGH COURT

GHANA

CORAM

  • CHARLES CRABBE J

Areas of Law

  • Tort Law
  • Civil Procedure
  • Conflict of Laws

AI Generated Summary

This case concerns a motion by the defendant-applicant to strike out a slander action brought by a Ghanaian public official, Vice-Chairman Mr. John Harlley, based on statements alleging he spent a Sunday night with a girl friend and that he might supervise a diamond business in England with Adolf Pluss. The defendant argued the claim disclosed no reasonable cause of action, that the words were not defamatory per se under Ghanaian law, and that the tort was committed in Basel, Switzerland, engaging Swiss law. The plaintiff pleaded an innuendo that the words impugned his fitness for office and tendered expert evidence of Swiss Penal Code article 173. The court held it had in personam jurisdiction because the defendant was served within Ghana and had submitted to jurisdiction by offering bail. Recognising that innuendo requires extrinsic facts and that experts disagreed on Swiss law, the court found triable issues and refused to summarily dismiss the claim, awarding costs of Naa300 against the defendant-applicant.

JUDGMENT