Ratio DecidendiRatio DecidendiRatio Decidendi



WALTER DONAH SAH
V.
ROSE OWUSU

(2016) JELR 107818 (HC)    
High Court  ·  AD 33/2015 ·  4 Nov 2016 ·  Ghana
CORAM
PATIENCE MILLS-TETTEH (MRS)

Ratio Decidendi

Core Terms Beta
defendant
plaintiff
qualified privilege
sexual harassment
text messages
married woman
sexual advances
close relationship
message
open relationship
office of the plaintiff
conduct of the defendant
course of their work
cross examination
statement of claim
allegation of sexual advances
business meetings
case of the plaintiff
courts act
customary law
evidence of malice
good conscience
head of procurement unit
long time
male co-worker of the defendant
medical history of ectopic pregnancy
person’s reputation
plaintiff’s case
plaintiff’s duty
plaintiff’s sexual misconduct
reason of the fact
rights of others
sexual relationship
such defendant
such publication
text message
transfer of ghc200
upper hand
various english cases

JUDGMENT 

The plaintiff, a male co-worker of the defendant and the internal audit  manager of Metro Mass Transit Limited instituted this action against the  defendant the head of procurement Unit in the same Company. The plaintiff alleged that he had been defamed by the defendant who had  falsely accused him of sexual harassment in a letter written by the defendant to management and copied to other heads of the Company. The plaintiff has denied sexually harassing this co-worker /defendant,  implying that her publication is not justified and without any legal basis or  excuse, because the conduct of the defendant has been receptive to whatever conduct the plaintiff might have put up and which conduct the defendant is now referring to as sexual harassment. The plaintiff is alleging that the defendant has accepted a close relationship with him even though  the defendant is a married woman. Plaintiff has admitted having several dinners and lunches with the defendant, he has admitted havin…

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