MICHAEL TETTEH ANGUAH (PLAINTIFF) vs. CENTRE FOR PLANT MEDICINE RESEARCH & 2 OTHERS (DEFENDANTS)

Law of Evidence – Burden of Proof – Burden of Producing Evidence – a party cannot win a case in court on an allegation which he fails to prove or establish. Law of Tort – Defamation – Disclaimer – Whether the published words defamed the plaintiff as a fraudster and a thief – The test for defamation is not whether the Plaintiff feels personally insulted or his feelings are hurt. The test is whether the statement in question tends to lower the reputation of the Plaintiff in the estimation of ordinary, reasonable, or “right- thinking” people in the community generally, or exposes him to hatred, contempt or ridicule. To be actionable the words must be reasonably understood by others in a defamatory sense. [A] Introduction: [1] It is indeed true that the balance between free speech and protection of reputation is an uneasy one. When the Daily Graphic accepted to publish a disclaimer submitted by the Plant and Medicine Research, the 1st Defendant herein in or abou...