Spio Gabrah files appeal against High Court decision in defamation case

Dr. Spio-Gabrah had filed the suit against Chairman Wontumi for allegedly making defamatory statements against him (calling him a “thief”) during a live political show on Wontumi TV in September 2020.

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Dr. Ekwow Spio-Garbrah, former Trade and Industry Minister, has filed an appeal against the July 28, 2022 judgment of the Kumasi High Court in the defamation suit he brought against the Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, better-known as Chairman Wontumi.

"Take notice that the Plaintiff/Appellant (hereinafter referred to as the Appellant) herein who is dissatisfied with the judgment of the High Court, Kumasi presided over by His Lordship George Krofa Addoe dated 28 July. 2022 hereby appeals for the Court of Appeal on the grounds set out in paragraph 2 of this Notice of Appeal and will at the hearing of this appeal seek the relief set out in paragraph 3 of this Notice of Appeal," court filings said. 

The Court had dismissed the $10 million defamation suit, and awarded cost of GH¢150,000 against Dr. Spio-Garbrah.

The Court had also held that Chairman Wontumi’s words were not malicious and that reliefs being sought by Plaintiff were not substantiated.

However in the notice of appeal filed against the whole judgment of the court, and dated August 1, 2022, the Plaintiff/Appellant maintains that the “judgment of the trial Court is against the weight of evidence.”

Among others as grounds for an appeal, he states that the trial judge erred in his judgment when he held that the Plaintiff's writ of summons was void due to the Appellant's failure to endorse a substantive relief in his writ of summons. 

He further insists that the trial judge erred when he held that the "words complained of by the Appellant constituted fair comment and therefore not actionable in law and thus were not defamatory of the Appellant.

And finally that the cost of GH¢150,000 awarded against the Appellant is “excessive and without basis or justification.”

He is therefore seeking for the judgment of the trial court to be set aside and the reliefs endorsed by the Appellant in his writ of summons and statement of claim be upheld.

Background

Dr. Spio-Gabrah had filed the suit against Chairman Wontumi for allegedly making defamatory statements against him (calling him a “thief”) during a live political show on Wontumi TV in September 2020.

He stated that the words uttered by the defendant were without caution, with the intent to cause damage and injury to his hard-earned global reputation, which he values as being in excess of $ 10 million.

According to the writ by the Plaintiff, Chairman Wontumi is quoted to have said: “All that Inusah Fuseini is saying is that even him, Inusah Fuseini is a thief. If you mention Spio-Garbrah’s name he is a thief, Sylvester Mensah is a thief, Johsua Alabi is a thief, all their Presidential candidates are thieves so if John Mahama is a thief then let us allow him to continue stealing."