Managers of Akosombo-based BridgeView Resort and Adomi Group Limited have filed a suit against one Peace Degaulle Dogbatsey, seeking damages for defamation over a recent incident at the facility that went viral on social media.
In the writ filed on Tuesday, August 15, 2023, at the High Court in Accra, the two plaintiffs are praying for “general damages against the defendant for injurious falsehood and defamation or libel, contained in a post on Facebook dated August 8th, 2023, in which the defendant stated, among other things, that the plaintiff does not have a qualified and diplomatic person to be their manager…and that to even think that the plaintiff’s manager came from abroad and he’s this unprofessional towards his customers” and which defamatory words are more particularly referenced in paragraph 67 of the statement of claim.”
In their statement of claim, the plaintiffs are also demanding a perpetual injunction restraining the defendant, her assigns, agents or associates from publishing or causing to be published the said defamatory words and any other similar words.
They are also demanding exemplary damages against the defendant for injurious falsehood and defamation or libel, special damages for attempted assault on the employees of the plaintiff, a retraction of unqualified apology to be published in the dailies, and on all other social media platforms where the defendant had commented on the issue.
They also want the court to award cost inclusive of the counsel’s fees and any or other remedy as the court may deem fit.
This will be one of the rare cases of a legal action between a potential customer or customer and a service provider in Ghana, particularly in the hospitality industry.
Background
The defendant, who made a booking online for two nights to celebrate her 8th marriage anniversary with her husband at the facility on August 8, 2023, left the hotel disappointed after an altercation with managers of the facility.
She said the room they were given was not exactly what she had booked online, but an attempt to speak to the hotel about their frustration culminated in total disrespect from hotel staff.
After an altercation with the hotel managers, the hotel refunded her money of more than GH₵5,000 through the online booking platform Expedia which reflected in her account afterwards.
The woman in a Facebook post said they were forced to pay for another hotel after leaving BridgeView Resort in anger and disappointment.
But the Resort in a statement released on Friday, August 11, 2023, apologized to all guests who were disrupted by the incident while clarifying the misunderstanding.
It also presented a different account of the incident, suggesting that the customer was at fault and had overly reacted to the point of threatening to give them a bad review online, which she eventually executed.
Despite the hotel’s response and explanation, there has been a back and forth about the matter on social media, with many social media users supporting the woman against the hospitality facility.
The Hotel in the suit said the defendant’s “defamatory words were uttered, broadcast or publicized without a caution in a malicious manner with intent to cause damage and injury to the plaintiff’s hard-earned reputation.”
It said the “plaintiff’s reputation has been damaged as evidenced by the series of comments online criticizing the plaintiff and accepting the defendant’s narrative of events.”
Below is the writ of summons:
