ERIC KWAME AMOAH
V.
BEN OWUSU DOMENA

(2014) JELR 68670 (SC)

Supreme Court 30 Jul 2014 Ghana
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- Supreme Court restored the trial High Court’s dismissal of the plaintiff’s defamation claim, finding no sufficient evidence of malice, recklessness, or reputational harm arising from the defendant’s disclaimer publication. - Key legal pri

Case Details

Suit Number:CIVIL APPEAL NO.J4/13/2014
Judges:ADINYIRA (MRS.) JSC (PRESIDING), YEBOAH JSC, BONNIE JSC, BAMFO (MRS.) JSC
Counsel:AYIKOI OTOO ESQ. FOR THE DEFENDANT/RESPONDENT/ APPELLANT; FELIX QUARTEY ESQ. FOR THE PLAINTIFF/APPELLANT/RESPONDENT.

JUDGMENT

BENIN, JSC

On October 19, 2009, the defendant/respondent/appellant, hereinafter called the defendant, caused a publication to be made in the Daily Graphic. A passport sized photograph of the plaintiff/appellant/respondent, hereinafter called the plaintiff, was attached thereto and the publication concerned the plaintiff. It read:

‘DISCLAIMER

BENOD MACHINE SHOP

MR ERIC KWAME AMOAH, former Manager of the above named shop no longer works with the shop.

Any transaction on behalf of the above named shop with institutions, companies, shops, and individuals by Mr Eric Kwame Amoah is null and void.

Any company which goes into contract with him do(sic) so at their own risk.

By: Managing Director

BENOD Machine Shop

Ben Owusu-Domena’

The above publication was repeated in the November 12, 2009 edition of the Daily Graphic. It is this publication that gave rise to the action before the High Court that has resulted in the appeal before this court. The plaintiff complains that the said publication has…

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