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SGT. OFOSU ADDO V. THE EDITOR, DAILY GUIDE & ANOR

(2006) JELR 69660 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/267/2004  •  17 Nov 2006  •  Ghana

Coram
GBADEGBE. J.A. [PRESIDING], ADDO J.A., HENRIETTA ABBAN.J.A.

Judgement

ADDO J.A: The plaintiff/appellant brought an action in the lower court against the defendants/respondents jointly and severally for general and special damages for publishing in the October 23, 2001 edition of the Daily Guide that the plaintiff had been arrested in connection with armed robbery at Asante Mampong Agency of the Otuasekan Rural Bank, and for such further orders as the court might deem fit. The Plaintiff’s writ was accompanied by a statement of claim setting out the basis of the action by the Plaintiff/Appellant. The writ having been served on the Defendants/Respondents, they failed to enter an appearance. So the Plaintiff/Appellant obtained Judgment in default of appearance. The Defendants/Respondents brought an application under order 13 rule 11 to set the default judgment aside but this was dismissed on the 30th July 2002 and the court then adjourned the case to 22nd October 2002 for assessment of damages. Defendants/Appellants meanwhile lodged an appeal against the ru…

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