HON. JOE BAIDOE ANSAH v. NEW TIMES CORPORATION & 2ORs

The Plaintiff herein, by a writ of summons dated the 7th day of June, 2010 claim against the defendants.

"(1) General damages, including aggravated and or exemplary damages for defamation contained in the news reports published of the Plaintiff in the Thursday 12th February, 2009 edition issue No. 0855- 1502 of the Ghanaian Times on pages I and 3 thereof captured:

39 Cars Retrieved from ex-government officials

Which words are particularized in paragraph 5 of the Statement of Claim

1. Perpetual injunction restraining the defendants whether by themselves, their servants, agents or assigns from repeating similar or other libelous words against the Plaintiff”

In spite of the service on the defendants of the writ of summons and its accompanying statement of claim, none of the defendants entered appearance by the due date.

By a motion ex parte filed on the 18th January, 2011 counsel applied for Judgment in default of appearance which was granted on the 20th January, 2011 and the case adjourned to 14th February for assessment of damages.

Once again notice of the judgment and the date for assessment was served on the defendants.

By leave of the court the defendants entered appearance on the 20th July, 2011. Thereafter the parties sought leave to settle the case out of court. However settlement broke down and counsel for the defendant therefore cross examined the Plaintiff after which the case was set down for Judgment.

From the evidence on record I find that Plaintiff is a Member of Parliament and formerly a Minister of Aviation in the immediate past government.

I find that the government of which the Plaintiff was a member handed over power on the 7 th January, 2009 and on the 9 th January, 2009, the Plaintiff returned Peugeot 406 with registration No. WR 538 X which was in his possession to the Office of the President and was issued with a store receipt voucher which was received in evidence as exhibit ‘B’.

I find that by exhibit ‘A’ the defendants published in “The Ghanaian Times” newspaper of 12th February 2009 that a Peugeot 406 in the possession of the Plaintiff had been retrieved among other vehicle/cars retrieved from other former government functionaries.

As a result of this publication, the Plaintiff started receiving calls from people of all walks of life questioning him as to why he had stolen a government vehicle.

It is important to point out at this stage that the defendants are not contesting the defamatory aspect of this case. W