GALLEY VRS. ABAKAH AND ANOTHERS (A5/02/2025.) [2025] GHADC 48 (18 February 2025)

IN THE DISTRICT COURT HELD AT ANLOGA IN THE VOLTA REGION ON TUESDAY THE 18TH DAY OF FEBRUARY, 2025. BEFORE HER WORSHIP REJOICE ASEYE GADAGOE, DISTRICT MAGISTRATE. SUIT NO.: A5/02/2025. AFI GALLEY …….. PLAINTIFF OF DZITA-AGBLEDOMI. VERSUS 1. DANGOR ABAKAH …….. DEFENDANTS 2. NETORKA MANSA ALL OF DZITA-AGBLEDOMI. CONSENT JUDGMENT THE FACTS: The Plaintiff instituted the instant action against the Defendants jointly and severally, on 10/12/2024; seeking the under listed Reliefs: a. “An amount of GH₵10,000.00 from the Defendants for their derogatory insults and comments which has tarnished her hard-earned names, image and reputation and which has subjected the Plaintiff into a public ridicule in the eyes of everyone in the village. b. An order restraining the Defendants, their assigns, workmen, and or anyone who takes instruction from them from using any abusive and derogatory words against the Plaintiff and her family. c. Cost of trial. 1 Parties made their first appearance on 17/12/2024. The pleas of Defendants were taken. First Defendant (D1) pleaded not liable to the Claim. Second Defendant (D2), on the other hand, pleaded`` liable with explanations. D2’s explanations were written down. Things escalated very quickly and many unprintable words were uttered against either side subsequently. Fortunately, Mr. BOSOFOR KWAKU APUTAE KUTSIAMI was presented in Court. With leave of this Honourable Court, and the prior consent of the Parties herein, he withdrew the matter for settlement at home. On 4th February, 2025, the settlement report filed. CONCLUSION: SECTION 109 OF THE ALTERNATIVE DISPUTE RESOLUTION ACT, 2010 (ACT 798) AS AMENDED; also provides as follows: “Effect of customary award: 109. An award in a customary arbitration (a) Is binding between the parties and a person claiming through and under them; and, (b) Need not be registered in a court to be binding”. Further, SECTION 111 OF THE ALTERNATIVE DISPUTE RESOLUTION ACT, 2010 (ACT 798) AS AMENDED; provides thus: “111. Enforcement of customary award An award may be enforced in the same manner as a judgment of the court”. From all indication, the Elders have performed creditably well and the settlement was successful. Parties were admonished and further advised to be of good conduct. The report on the settlement has been inserted below for ease of reference. 2 3 4 ORDERS:  THE SETTLEMENT AWARD OF BOSOFOR KWAKU APUTAE KUTSIAMI AND HIS PANEL OF ELDERS, FILED ON 4/02/2025; AND WAS AGREED TO BY THE PARTIES IS HEREBY ADOPTED BY THIS HONOURABLE COURT.  THE TERMS OF SETTLEMENT CONTAINED IN THE REPORT TITLED: “REPORT OF A WITHDRAWN CASE BETWEEN DANGOE BAKAH, MANSA NETORKA (DEFENDANTS) AND AFI GALLEY (PLAINTIFF)”, HAVE BEEN ENTERED AS A CONSENT JUDGMENT OF THIS HONOURABLE COURT.  CONSEQUENTLY, DEFENDANTS SHALL PAY UP THE REMAINING GH.C600.00, TO PLAINTIFF.  NO ORDER AS TO COSTS. SGD. HW REJOICE ASEYE GADAGOE DISTRICT MAGISTRATE 18/02/2025.  Representation: - PARTIES WERE NOT REPRESENTED 5