The legal team of opposition NDC member Dr. Ekow Spio Garbrah is appealing the $10m defamation verdict he lost to Ashanti Regional Chairman Bernard Antwi Boasiako, popularly called Wontumi.
The former Trades Minister under the Mahama regime instructed his lawyers to file a notice of intent to the Court of Appeal, shortly after the case was dismissed by a Kumasi High Court on Thursday (July 28) and awarded a cost of GHC150,000 in favour of the respondents.
The court ruled that Chairman Wontumi’s words on Dr. Spio-Garbrah were not malicious.
Grounds of Appeal
a. That the Judgment of the trial Court is against the weight of evidence.
b. 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.
c. 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.
d. That the Trial Judge erred when he held that the words complained of by the Appellant were not defamatory of the Appellant.
e. That the cost of GHS 150,000 awarded in favour of the Defendants is excessive and without basis or justification.
f. That additional grounds for appeal will be filed upon receipt of the record of appeal
The lawyer for Dr. Spio-Garbrah, Nii Kpakpo Samoa Addo told Asaase Radio that they are also appealing against the decision to award a cost against his client.
“We have the instructions of our client to file an appeal and we are immediately filing our process to appeal not only the decision and the cost that was awarded against our client. We feel it is excessive and out of place…That’s the beauty of democracy you take your case to court, you await a verdict you disagree with the verdict and you take your case upstairs and my client is clearly determined to get justice from the courts of Ghana”, he told the radio station.
Dr. Ekwow Spio-Gabrah also sued Bernard Antwi Boasiako and the media platform, Wontumi Multimedia Company Limited.
The plaintiff, Dr. Ekwow Spio-Garbrah, and the defendant, Chairman Wontumi, took turns and mounted the witness box where they were cross-examined.
Dr. Spio-Garbrah noted that the statement Chairman Wontumi made about him was defamatory and was uttered without caution in a malicious manner with the intent to cause damage and injury to his hard-earned global reputation.
The plaintiff quantified the value of his global reputation as being in excess of $10 million, hence requesting that amount as compensation.
During Chairman Wontumi’s cross-examination, he said he only interpreted a statement by former NDC Member of Parliament, Inusah Fuseini.
SOURCE: DAILY MAIL GH