K. W. Mahtani Of Accra Trading As Mahtani Brothers V. G. P. Daswani Of Accra & Ors (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Libel—Certainty and particularity of pleadings as to special damages.

Facts

The plaintiff published in the African Morning Post Newspaper Public Notice which contained words which the trial judge held wen capable of the innuendo alleged by the plaintiff and of which publication was not justified. Re awarded to the plaintiff £300 general damages. Tiy. trial judge then assessed special damages at £200 which were awarded in respect of slander of title to goods,

Held

Court was of opinion that the pleas of the plaintiff were not stated with sufficient certainty to justify an award of any special damages.

Held further that Court was of the opinion that the plaintiff had failed to prove any special damage at the trial.

Appeal allowed in respect. of the award of special damages. Judgment entered for £300 general damages.