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…

YAA BADU V. EFIA OWUSUWAA

YAA BADU
V.
EFIA OWUSUWAA