GOMOAH vs. ETUAFUL

JUDGMENT OF ADUMUA-BOSSMAN J. (His Lordship referred to the facts and continued). There is however one matter of some importance which has made it necessary to give this considered written judgment-and that is whether the defendant-respondent was liable to be sued at all for anything said in the course of testifying as a witness in a court of law. The position in English law has been explained in a number of leading cases, and it will be sufficient to refer to only one, namely, Watson v. M’Ewan and Watson v. Jones ([1905] A.C. at p.486) in which Halsbury L.C. said: “By complete authority, including the authority of this House, it has been decided that the privilege of a witness, the immunity from responsibility in an action when evidence has been given by him in a Court of justice, is too well established now to be shaken. Practically I may say that in my view it is absolutely unarguable—it is settled law and cannot be doubted. The remedy against a witness who has giv...