[2014]DLSC2915 • July 30, 2014 • Supreme Court •
ERIC KWAME AMOAH vs. BEN OWUSU DOMENA
The defendant, owner of BENOD Machine Shop, employed the plaintiff as manager. After a fire destroyed the business premises in 2007, the defendant suspected arson and accused the plaintiff of embezzlement and arson about a year later, dismissing him and ejecting him from company residence. The defendant published disclaimers in the Daily Graphic stating the plaintiff no longer worked for the shop and that transactions with him were null and void. The plaintiff claimed the publication was malicious and defamatory, damaging his reputation and employment prospects.
read moreBENIN,JSC:- On October 19, 2009, the defendant/respondent/appellant, hereinafter called the defendant, caused a publication to be made in the Daily Graphic. A passport sized photograph of the plaintiff/appellant/respondent, hereinafter called the plaintiff, was attached thereto and the publication concerned the plaintiff. It read: ‘DISCLAIMER BENOD MACHINE SHOP MR ERIC KWAME AMOAH, former Manager of the above named shop no longer works with the shop. Any transaction on behalf of the above named shop with institutions, companies, shops, and individuals by Mr Eric Kwame Amoah is null and void. Any company which goes into contract with him do(sic) so at their own risk. By: Managing Director BENOD Machine Shop Ben Owusu-Domena’ The above publication was repeated in the November 12, 2009 edition of the Daily Graphic. It is this publication that gave rise to the action before the High Court that has resulted in the appeal before this court. The plaintiff complains that the s...