TORNYE AMEDUME vs. JULIET ASANTE AND EAGLE PRODUCTION [2013]DLCA8146

Date	2013-07-25
Suit No.	SUIT NO. 236/2013
Citation No.	[2013]DLCA8146

KUSI-APPIAH J.A. (PPRESIDING)

OFOE J.A

WELBOURNE J.A

CARL ADONGO FOR THE DEFENDANT/APPELLANT

GODFRED YEBOAH DAME FOR THE PLAINTIFF/RESPONDENT

[2013]DLCA8146
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													<main id="main" class="content" style="min-height: 60rem" >TORNYE AMEDUME<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>vs.<o:p></o:p>JULIET ASANTE
AND EAGLE PRODUCTION<o:p></o:p>(DEFENDANTS/APPELLANTS)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL,
ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. 236/2013&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 25TH
JULY, 2013<o:p></o:p>

</div>COUNSEL.<o:p></o:p>CARL
ADONGO FOR THE DEFENDANT/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

GODFRED
YEBOAH DAME FOR THE PLAINTIFF/RESPONDENT<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

KUSI-APPIAH
J.A. (PPRESIDING), OFOE J.A, WELBOURNE J.A<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>OFOE, J.A:<o:p></o:p>This
judgment will be clearer and better appreciated if We set out the gist of the
case of the parties as disclosed in their pleadings. The plaintiff, briefly
stated, is asking for general damages including aggravated damages against the
defendants for a libelous publication in the defendant’s magazine
“Entertainment Today”. The 1st defendant is the Editor and the 2nd
defendant the publisher and a film making company. The 2nd defendant
is also engaged in shooting for advertisements for various companies. It is the
case of the plaintiff that she was contracted by Amal Plastics Limited to star
in a television advertisement. The 2nd defendant was only to shoot
for a Metro T.V advert and indeed the advert was aired some number of times on
this station. The T.V advert was meant for the sole purpose of advertising
plastic ceiling materials for Amal Plastics Limited and no other purpose. It is
the case of the plaintiff that without her consent and permission the
defendant’s caused to be published in their paper “Entertainment Today” four
photographs of herself that the defendants took from the T.V advert meant for
Amal Plastic and carried along with it the caption “getting a man attracted to
you”. To the plaintiff reading the story together with the picture in its
natural and ordinary meaning there is a suggestion to readers how a woman can
solicit for, entice and seduce men. The publication also presented to the
public that the plaintiff is of base, low and of despicable character striving
on earnings from such cheap adverts. At least according to plaintiff the
publication bears the meaning by way of an innuendo how women can solicit for,
entice or seduce men. To the Ghanaian society any such publication is deemed
dishonourable, indecorous and vulgar. As a consequence of this publication she
has been exposed to contempt, ridicule and scorn, her character and reputation
has been severely damaged with considerable emotional torment and distress. As
a young woman the publication has injured her chances of getting married or
getting a befitting decent marriage not forgetting the damage to her reputation
in her family and community and her practice as a marketing officer. A further
charge the plaintiff has is that the defendant has invaded her constitutional
rights.<o:p></o:p>Even
though she had promptly raised objection to the said publication with her
pictures the defendants kept the publication on the news stand for over 8
months For this injury to her reputation and invasion of her privacy she is
asking for aggravated damages which she has particularized in paragraph 18 of
her pleadings. Reducing this paragraph to its essentials she is asking for
aggravated damages because the defendants knew that the commercials from which
they got &nbsp;her pictures were meant only
for advertising pipes and plastic products of Amal Plastic and not for anything
else, that the pictures were used without her consent and despite her protest
the publications were on the newsstand for over 8 months boosting defendants’
sales and thereby increasing their profit.<o:p></o:p>&nbsp;From the forgoing allegations and complains
she asked from the court per her writ of summons:<o:p></o:p>“1.General
damages including aggravated and/or exemplary damages for libel in respect of
four pictures of plaintiff on pages 13 of the volume 1 issue of the “Entertainment
Today” under the caption<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; “getting
a man attracted to you”<o:p></o:p>2.
General Damages including aggravated damages and/or exemplary damages for
unlawful violation of privacy and constitutional rights<o:p></o:p>