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AFFUL
V.
OKYERE AND ANOTHER

(1997) JELR 86437 (CA)

Court of Appeal 3 Jul 1997 Ghana
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- The plaintiff, a senior technical nutrition officer, sued the first and second defendants (her co-tenants) for ¢10 million in damages for defamation, specifically for being called a witch; the defendants counterclaimed for defamation agai

Case Details

Judges:SAPONG JA, ESSILFIE-BONDZIE JA, AND F ARKYE JA.
Counsel:Ebow Quashie for the plaintiff-appellant. James Ahenkorah for the defendant-respondents
Other Citations:[1997-98] 1 GLR 730 - 745

JUDGMENT

Sapong JA. The plaintiff issued a, writ claiming ¢ 10 million from the defendants jointly and severally for defaming her. The case was gone into and the trial court dismissed the claim of the plaintiff. Incidentally the defendants also counterclaimed for ¢ 10 million against the plaintiff for defaming them. This counter­claim was also dismissed.

Against this judgment the plaintiff has appealed on the, following grounds:

"(a) The learned judge misapplied the law of defamation.

(b) The learned judge failed adequately or at all to consider the case for the plaintiff. ,

(c) The judgment is against the weight of the evidence

(d) The learned judge erroneously interpreted the evidence on record."

  1. "The trial judge failed to appreciate the scope of the plaintiffs burden in her claim for damages.

  2. The trial judge applied the wrong standard of proof in assessing the plaintiffs case."

Added to these are two additional grounds, namely:

I am not unmindful that an appeal is a rehearing. In the amended…

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