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DR. EKWOW SPIO-GARBRAH V. BERNARD ANTWI BOASIAKO & WONTUMI MULTIMEDIA CO. LTD

(2025) JELR 114556 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/14/2025  •  12 Nov 2025  •  Ghana

Coram
BAFFOE-BONNIE AG., CJ (PRESIDING) AMADU JSC KULENDI, JSC GAEWU JSC KWOFIE, JSC

Appearances
NII KPAKPO SAMOA ADDO ESQ. FOR THE PLAINTIFF/APPELLANT/APPELLANT WITH STEPHANIE FORSON ESQ. KWAME ADOM-APPIAH ESQ. FOR THEDEFENDANTS/RESPONDENTS/RESPONDENTS WITH JOSEPH BOAKYE DANQUAH ESQ. AND FRANCIS OPUNI KESSE ESQ.

Judgement

JUDGMENT

KWOFIE JSC: 

My lords, this appeal principally deals with the question of when the defence of fair comment which is a complete defence to a defamation suit is available to a publisher. Whereas the plaintiff/appellant/appellant contends that the defence of fair comment is not available to the defendants as determined by the trial High Court and the Court of Appeal, the defendants/respondents/respondents agree with the trial High Court and the Court of Appeal that the defence of fair comment is available to them and was correctly applied by both lower courts. 

This is an appeal against the judgment of the Court of Appeal, Kumasi delivered on the 21st of December, 2023 wherein the Court dismissed the appeal of the plaintiff/appellant/appellant and upheld the defence of fair comment pleaded by the defendants/respondents/respondents. 

Dissatisfied with the decision of the Court of Appeal the plaintiff/appellant/appellant has further appealed to this court by a Notice of Appeal filed o…

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