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KYEI V. DONKOR

(1973) JELR 69167 (CA)

Court of Appeal  •  25 May 1973  •  Ghana

Coram
SIRIBOE JSC,CHARLES CRABBE J.S.C,ANNAN J.A.

Appearances
C B. K. ZWENNES FOR THE APPELLANT; NO APPEARANCE BY OR ON BEHALF OF THE RESPONDENT.

Judgement

ANNAN J.A.: The appellant won his claim for damages for slander in the District Court Grade II, Konongo, lost an appeal to the High Court, Kumasi, and then appealed to this court to re-establish the judgment of the trial court in his favour. The court dismissed his appeal and we now give our reasons. The claim was as follows:

“Plaintiff claims from the defendant damages of N¢300.00 for having falsely and maliciously published of and concerning the plaintiff at a public place at Praaso the following words to wit: ‘You are a slave. My ancestors bought your maternal ancestors as slave. Your maternal ancestors were bought with plantain as their price.’ Whereof the plaintiff was put in disgrace and public ridicule and contempt.”

At the trial the appellant gave evidence of the words he relied on to found his claim and he called three witnesses who confirmed his version of the matter. The respondent also gave evidence and called an equal number of witnesses.

For the purposes of this appeal it i…

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