ABDUL MALIK KWEKU BAAKO v. KENNEDY OHENE AGYAPONG

This is an action involving two very prominent public figures in our nation. It would have sent a very encouraging and positive message to the larger society if the attempt at settling this suit by the parties had been successful. The drive to decongest the courts using Alternative Dispute Resolution would have had an excellent story to share had settlement succeeded. Be that as it may, this court, is enjoined to dispense justice as required by law and it will do so.

BACKGROUND

By a writ of summons issued on the 16th day of October, 2018 at the High Court, the Plaintiff / Respondent (hereinafter called the Respondent) claimed against the Defendant / Appellant (hereinafter called the Appellant) the following reliefs

a. A declaration that the statements made by the Defendant in both Twi and English Language which is fully transcribed in English indorsed on the writ of summons by way of an attachment and particularised on the attachment with the listed media platforms and publication dates and also repeated in paragraphs 9,10,12,14, 15,16,18,19,20 and 22 of the Statement of Claim are defamatory.

b. An order of the Court directed at the Defendant to publish on three consecutive occasions, on the same platform that he published the defamatory words, an unqualified retraction and an apology, with the same prominence as given to the issuance of the defamatory words.

c. An order of the Court for perpetual injunction restraining the Defendant, his agents, assigns and servants from further publishing any defamatory words against the Plaintiff.

d. General damages of the sum of Twenty-Five million (25,000,000) Ghana Cedis for defamation.

e. Exemplary Damages for malicious conduct of the Defendant in defaming the Plaintiff.

f. Costs including legal fees, and

g. Any other order(s) as this Honourable Court may deem fit.

The Respondent indorsed the writ with the particulars of the defamation as required by Order 57 rule 2 of the High Court (Civil Procedure) Rules, 2004 (C. I. 47).

The basis of the Respondent’s claim is that the Appellant had on different occasions, more particularly on the 18th of July, 2018, 25th July, 2018 and 21st August, 2018, caused to be published on Net2 TV, Adom FM, Oman FM and Asempa FM statements that were defamatory. The said publications according to the Appellant were false, malicious and intended to create in the minds of rightthinking members