ASARE vs. GOMADO [1961]DLHC657

Date	1961-12-08
Suit No.
Citation No.	[1961]DLHC657

PREMPEH J

G. K. ANDOH FOR THE PLAINTIFF

NO APPEARANCE BY OR FOR THE DEFENDANT

[1961]DLHC657
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&nbsp;[HIGH COURT, HO]

[1961] GLR 760

DATE: 8TH DECEMBER, 1961.

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COUNSEL:&nbsp;&nbsp;

G.
K. ANDOH FOR THE PLAINTIFF.

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PREMPEH, J.

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&nbsp;

In this suit, the plaintiff claims £G5,000 damages for libel
published against him by the defendant. The libel complained of is contained in
a letter written and published by the defendant of the plaintiff to Osagyefo,
the Honourable Dr. Kwame Nkrumah, President of the Republic of Ghana, copies of
which were published by the defendant to the Commissioner of Police, Ghana, and
to the Assistant Commissioner of Police at Ho, and to Mr. E. T. Quarshie
Simpson, licensed letter-writer, at Kpandu and to other persons.

The relevant paragraphs of the said letter containing the said
libel are set out in paragraph 3 and the sub-paragraphs thereof of the
statement of claim as follows.

“On or about the 17th October, 1960, the defendant falsely and
maliciously wrote or caused to be written and published of the plaintiff the
following words: Subs. 5. Not very long ago, Kodjo Ntibri, my brother died; the
farms, repeat are now administered by me. I did at this juncture, sue Jonathan
Klu, the alleged judgment creditor, one Jonathan Asare, brother of the Regional
Commissioner of the Volta Region and one John Agbevey, the licensed auctioneer
before the Buem-Krachi Local Court, Division 2, Dodi Papase, for them to come
and explain as to why the said cocoa farm could not be adjudged to be mine.
Through the instigation of the Regional Commissioner, Hon. F. Y. Asare, the
local court magistrate Mr. A. K. Danso refused to hear the case at all. Subs.
6. I did at this time lodge to the Ghana police, Ho and Kpandu accusing both
Jonathan Asare and John Agbevey of the offence of fraud or vice versa. The
Ghana police, however, did refer me to the police, Kadjebi for action. Subs. 7.
Two police constables were detached for me. On our arrival at Jinjinso, we met
the postal agent who also did accompany some others who entered my said cocoa
farm and collected all the cocoa beans that were being dried by my labourers.
Instead of the police to commit arrest instanter on the postal agent before we
got to others, he refused, all because the police were told that the said cocoa
farm was bought and paid for at a public auction by the Volta Regional
Commissioner. Hon. F. Y. Asare through his brother, Jonathan Asare. Subs. 8. On
the contrary, all my labourers that were working on my said cocoa farm were
accordingly arrested and charged for stealing cocoa from F. Y. Asare’s cocoa
farm bought and paid for. Evidently, all the cocoa that were collected by the
men of Hon. F. Y. Asare will value approximately £G300 (three hundred Ghana
pounds) whilst the whereabouts of some of the cocoa was not known up to date.
Subs. 9. I have the honour to contend that both sale and the purchase of my
said cocoa farm at a public auction by Jonathan Klu, Jonathan Asare for Hon. F.
Y. Asare and the alleged licensed auctioneer, John Agbevey was illegal. Subs.
10. For maintenance of peace, justice and equity and as I would not do anything
contrary to the good name and reputation of our dynamic Convention People’s
Party, may I have the honour to pray that you warn Hon. F. Y. Asare and for him
to warn his people or men to refrain from entering my said cocoa farm alleged
to have been sold and bought at a public auction. Subs. 11. Pending
investigation of the matter, I earnestly pray that all the cocoa so collected
by the people of Hon. F. Y. Asare be kept under the custody of the police. They
have collected the cocoa from ten villagers of ours.

Subs. 12. For the good administration of the Volta Region, I
should pray that the Regional Commissioner of the Volta Region the Hon. F. Y.
Asare be arrested by the police for questioning.”

By paragraph 4 of the statement of claim it is pleaded that the
said words quoted above are:

“That the plaintiff has been guilty of fraudulent and
dishonourable conduct, that is to say he was using his office to unjustly
enrich himself, obstructing or causing obstruction of Ghana policemen in the
performance of their duty and/or perverting the administration of justice, that
he was unfit to associate with respectable persons or to continue in the
representation of his constituency in Parliament or in the occupation of his
office as a Regional Commissioner.” And it is pleaded also that the words
published of the plaintiff were false and malicious and such that were meant to
injure him in his work and reputation, and calculated to bring him into public
scandal and hatred and contempt.

In his statement of defence, the defendant did not deny having
written and published the said letter, but he denied that the words complained
of were capable of bearing the meaning ascribed to them in paragraph 4 of the statement
of claim.
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