YAA BADU
V.
EFIA OWUSUWAA
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…