YAA BADU
V.
EFIA OWUSUWAA

(2006) JELR 63911 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. HI/198/05 ·  27 Jul 2006 ·  Ghana
CORAM
AKOTO-BAMFO J.A., OSEI J.A., APALOO J.A.
Core Terms Beta
witness
evidence
trial judge
defendant
evidence of the defendant
plaintiff
conclusion
law
view
circumstances
doubt
judge
judgment
advantage
appeal
appellate court
findings of fact
first hand
gbr
mind
proof
required proof
supreme court
weight of evidence
account matters
appeal court
civil matters
conclusions
credibility of the parties
decision of the circuit court kumasi
decision of the trial court reference
discretion
due consideration of the totality of evidence
full trial
ground of appeal
important thing
lower court
parties
plaintiff’s action
preference
record
role of the appellate court
sum
trial
truthful witnesses
view of the supreme court
wrong principles

JUDGMENT

APALOO, J.A.

This is an appeal from the decision of the Circuit Court Kumasi, dated 14th June 2004. The Plaintiff/Appellant mounted this action claiming general damages against the Defendant/Respondent for defamation.

Defendant/Respondent after delivery of her defence counterclaimed also for defamation.

After a full trial, the Judge dismissed Plaintiff’s action and found for the Defendant on her counterclaim. the Judge was of the view that:

“I do not.......find both Plaintiff and her witness truthful witnesses....and would therefore not credit their evidence with any truth. Indeed I find the evidence of the Defendant and her witness more impressive than that of the Plaintiff and her witness.”

“In the result, the Plaintiff’s claim cannot succeed and is dismissed accordingly. Defendant rather succeeds in her counter-claim and I enter judgment for her accordingly.......

In sum therefore upon due consideration of the totality of evidence adduced by both parties and having carefully weig…

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