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DAASEBRE OSEI BONSU V. AKWASI MENSAH & 3 ORS

(2010) JELR 92140 (SC)

Supreme Court  •  CIVIL APPEAL NO.J4/23/2007  •  24 Feb 2010  •  Ghana

Coram
ATUGUBA, JSC (PRESIDING) ,ANSAH, JSC ,BAFFOE-BONNIE, JSC ,ARYEETEY, JSC ,GBADEGBE, JSC

Judgement

J U D G M E N T

GBADEGBE, JSC:-

On 9th April 2003, the Daily Dispatch published an article of and concerning the respondent that had the following headline:  “Mamponghene in 264 million cedis fraud”. Following the said publication, the respondent on 22 April 2003, caused the writ of civil summons herein to issue against the appellants before the High Court, Accra claiming general and special damages for the “false and malicious publication” and an order of injunction restraining the appellants, their agents and workmen from continuing to publish the said materials of him. The action proceeded to trial at the end of which the learned trial judge of the High Court dismissed all the reliefs sought in the action. The respondent being aggrieved and dissatisfied with the delivery of the trial court launched an appeal therefrom to the Court of Appeal. The Court of Appeal after hearing the parties reversed the decision of the trial court and allowed the claims indorsed on the writ of summons he…

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