The Court of Appeal sitting in Kumasi has dismissed an appeal filed by one Richard Kwadwo Owusu Nyarko, who felt defamed by the Kumasi Club, for describing him as fake or quack doctor.
By a unanimous decision, the Court of Appeal, presided over by Justice Obeng Diawuo, on June 8, 2023 dismissed the application by the Appellant, who paraded himself as a medical doctor and practising at various private health facilities.
With Justice Obeng Diawuo, were Justices Angelina Mensah Homea and Alex Owusu Ofori.
The Applicant, Kwadwo Owusu Nyarko and his lawyers, were not in court, with the former fined a total of GH¢20,000.
The self-acclaimed medical doctor was found out when he took action against the six respondents/defendants. He claimed the Defendants had defamed him and thus injured his reputation as a medical doctor and thus sought damages of GH¢5,000,000.00 but ended up having to pay a cost of GH¢100,000.00 each to the Defendants, after a Kumasi High Court had dismissed his action.
The presiding judge, Justice George Krofa Addae, explained the courts position that, the Plaintiff sought to claim GH¢5,000,000.00 from the Defendants if he had won the case, to defray his legal fees and the period the case travelled.
Richard Kwadwo Owusu Nyarko, the Plaintiff, claimed to be a Senior Medical Doctor at Patasi South Hospital. He claimed in his statement that he is a Registered Licensed Senior Health Practitioner, a member of the European Health Association, a Trainee Doctor with the Accra College of Medicine and also current Chairman of the Kumasi Club, with a Bachelor’s Degree and Dual Master’s Degree qualifications.
The Plaintiff submitted that he has acquired a training certificate in occupational Health from the Ghana College of Physicians and Surgeons and has started a part-time Doctoral (PHD) in Health care programme with Ghana Technology College.
It was also the case of the Plaintiff that he is also a renowned Health Research Scientist who had published many academic and professional Journals, locally and internationally.
On May 26, 2020 he initiated action against the Defendants, claiming an order declaring that the Defendants had defamed him and harmed his reputation, an order directed at the Defendants to retract and apologise for the said defamatory statements or comments, through a publication in a newspaper of National Publication, preferably the Daily Graphic, as well as restrain the Defendants from ever defaming him.
As a result, a section of the members of the Club petitioned the Trustees to investigate the veracity of the information he provided, following which it was established from the Kuntenase Hospital, where Plaintiff alleged he practiced, that he was not a Medical Doctor at that Hospital.
Another investigation by the Trustees at the Ghana Medical and Dental Council revealed that the Plaintiff’s name could not be traced in their Register.
The Trustees also found out that the plaintiff was arrested in 2014 by the police and charged with the offence of impersonation, forgery and false pretence to be a Medical Officer.
That, it was further discovered by the Trustees that when the police arrested the plaintiff they found a stamp on him with an inscription ”Dr” Richard Kwadwo Owusu Nyarko (Senior Medical Doctor), Kuntenase Hospital and arraigned before court, as the Defendants established the Plaintiff was in fact not a Medical Doctor as he claimed to be.
The Defendants stated that following the outcome of the investigations, the Trustees convened a meeting to inform all the club members that the Plaintiff was not a Medical Doctor but a fake or quack Doctor.
According to the Defendants, having seen the Plaintiff to be dishonest, there was the need to remove him as Chairman and also to revoke his membership, upon which the Trustees finally informed its members on their Whatsapp Group platform that the Plaintiff is in fact a fake Doctor and that his conduct was dangerous to the members and society, and directed that nobody should consult him again as a medical doctor.
The court, however, deduced from the case of the Plaintiff and the Defendants that Plaintiff’s use of the title ”Dr” and presenting himself to the Kumasi Club Members was a misrepresentation.
The court also contended that whatever words the Defendants used to describe the Plaintiff were true because he misrepresented himself to them (Defendants), emphasising that in the circumstance the Defendants were justified in using the alleged words on the Plaintiff and, therefore, cannot be held to be liable to the case of defamation and, therefore, not actionable.
As a result, the court dismissed the Plaintiff’s case and awarded cost of GH¢100,000.00 to each of the Defendants to offset their legal fees.
But not satisfied, Richard Kwadwo Owusu Nyarko filed an appeal which has also unanimously been dismissed by the Court of Appeal.
Nana Owusu Mensah Kyenkyenhene, chairman for the Kumasi Club welcomed the verdict of the Court of Appeal and cautioned individuals and other institutions to do due diligence in dealing with individuals that parade themselves as professionals.
