KOFI ADAMS v ABC NEWS PAPER & ORS

SOPHIA R. BERNASKO ESSAH (MRS) JA:

This is an appeal at the instance of Plaintiff/Appellant against the ruling of the trial court delivered in favour of the Defendant/Respondent.

The sole ground of appeal was that:

'T he cost of GH ₵ 40,000 awarded by the trial judge against the Plaintiff in favour of the D efendants for discontinuing the case is excessive.'

In this delivery the Plaintiff/Appellant will be called the Plaintiff while the Defendant/Respondent, the Defendant.

The facts leading to this appeal are fairly straight forward.

The Plaintiff commenced action against the Defendants by a Writ of summons and a Statement of Claim on the 17 th of July, 2019 seeking the following reliefs:

a. A declaration that the words contained in the D efendant's publication were defamatory of his character.

b. An order to the honorable Court directed at the Defendant to publish an apology with the same prominence the defamatory words received, within 14 days after the judgment.

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

d. General damages for defamation.

e. Costs including legal costs.

The allegations and particulars of defamation are not relevant for this delivery but given the relief sought by the Plaintiff in this appeal the trajectory of this case is necessary to recount.

Having issued the Writ of Summons and Statement of Claim, on 17 th July, 2019 conditional appearance was entered on behalf of all three defendants and same followed by a statement of defence on their behalf.

Thereafter counsel for the Defendant conducted an official search at the registry of the High Court to enquire if the Plaintiff had filed Application for directions or any other process to which the response was in the negative

On the 6 th of July, 2020, counsel for Defendant filed an application seeking an order to dismiss the suit pursuant to order 32 rule (3) (1) of C.I 47. Plaintiff having filed an affidavit in opposition, the application was struck out as withdrawn with award of costs of GH 1,000. ₵

The Plaintiff s Application for directions was followed by the filing of Additional issues ' for direction by the Defendant.

In accordance with PreTrial procedure, both parties filed their witness statements and Pretrial Check list.

On the 20 th of April, 2020, the Plaintiff filed a notice of discontinuance of the action.

At its next