A High Court has dismissed a defamation action on procedural grounds, holding that the suit was improperly instituted and therefore could not be sustained.
In its ruling, the Court explained that the plaintiff commenced the action on 26 August 2025, alleging that the defendant had made defamatory broadcasts or publications that damaged the plaintiff’s reputation.
The writ of summons and statement of claim were issued by the Legal Department of Ghana Cocoa Board, with the Legal Director of COCOBOD appearing as counsel for the plaintiff.
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The Court, however, found a fundamental defect in this arrangement.
It noted that defamation is a personal action (in personam) that attaches to an individual whose reputation is alleged to have been harmed.
Although the alleged publications related to the plaintiff’s position as Chief Executive Officer of COCOBOD, the institution itself was not a named party to the suit.
According to the Court, where an individual sues in a personal capacity for defamation, legal representation must be properly constituted. COCOBOD’s Legal Department could not lawfully issue the writ or represent the plaintiff when the institution was not a party to the action.
The Court emphasized that, in such circumstances, the plaintiff was required to engage a private legal practitioner to prosecute the claim.
On this basis, the Court held that the writ of summons and statement of claim were procedurally defective.
The defect went to the root of the action and was not one that could be cured by amendment. Consequently, the suit was dismissed in its entirety.
The Court made no order as to costs, bringing the matter to a close without financial penalties for either party.
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The ruling underscores the importance of strict compliance with procedural requirements in civil litigation, particularly in defamation actions where the identity of the proper party and lawful representation are central to the validity of proceedings.