ALEXANDER AFENYO MARKIN v. JAMES KOFI ANNAN

On the 28th day of August 2020, the Defendant/Appellant filed a Notice of Appeal

against the Judgment of the District Court, Winneba, which Judgment was delivered on

the 28th day of August 2020, in favour of the Plaintiff/Respondent and against the

Defendant/Appellant.

Forease of reference the Defendant/Appellant will also be referred to, as the Appellant

whilst the Plaintiff/Respondent will also be referred to, as the Respondent as and when

applicable.

The Respondent at the court below in his action against the Appellant, per his Writ

sought for the following reliefs:

(i) A declaration that the contents of the Press Conference are defamatory.

(ii) An order directing the Defendant to render an unqualified apology to the

Plaintiff through the same modus the defamatory statements were

published.

(iii) An order of perpetual injunction restraining the Defendant from further

Authoring and publishing any defamatory statement against the Plaintiff.

(iv) General damages of Twenty Thousand Ghana Cedis (GH¢ 20,000.00)

(v) Cost

THE BACKGROUND OF THE CASE

It was the case of the Respondent herein that, the Appellant who was then the aspiring

Parliamentary Candidate for the Effutu constituency, on the ticket of the National

Democratic Congress (NDC), held a Press Conference, entitled Afenyo Markin’s alleged

scheme to scandalize James Kofi Annan exposed. In the said Press Statement, the Appellant

suggested that the Respondent was the one behind his invitation by the Winneba Police

that was investigating the payment of the sum of one hundred thousand Ghana Cedis

(GH¢ 100,000), into his ( Appellant’s) account at the Winneba Branch of the Ghana

Commercial Bank, with Consolidated Bank Ghana cheques. The Respondent further

contends that the Appellant claimed to have made some preliminary checks on the

particulars of, Petrinock Investment Enterprise, one of whose officers made the report

to the Police, that he had wrongly paid into the Appellant’s bank account, and that the

two (2) names that were identified with Petrinock Investment Enterprise, Benjamin

Ackah, and John Benefo, appear to have links with the Respondent. According to the

Respondent, the Appellant stated at the said Press conference that an individual, who

introduced him to an unknown traditional leader, and who had earlier donated cash of

ten thousand Ghana Cedis (GH¢ 10,000.00), to him (Appellant),was said to have strong

links with the Respondent. According to the Respondent, t