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MERCER v. GUINEA PRESS LTD

October 20, 1967

HIGH COURT

GHANA

CORAM

  • ARCHER J

Areas of Law

  • Civil Procedure
  • Media Law
  • Tort Law
  • Evidence Law

AI Generated Summary

This High Court judgment by Archer J concerns an application by Guinea Press Ltd., owners, printers, and publishers of the Evening News, to set aside the writ and service in a libel suit brought by a self-represented plaintiff over a June 1, 1967 article, '2,000 Rail Workers to Donate to Kotoka Trust Fund.' Addressing confusion caused by duplicative appearances filed by the Solicitor-General, the judge held that conditional or 'under protest' appearances are not fresh steps under Order 70 r. 2. Examining the Newspapers Decree, 1966 (N.L.C.D. 107), Archer J considered its purpose and the Evening Newss status as a publicly subsidised, N.L.C.-managed newspaper. Applying a purposive approach (Maxwell) while acknowledging casus omissus limits (Craies; Lord Goddard), he construed 'owners/publishers' broadly to capture printers where the same entity is all three. The court ruled that the Attorney-Generals fiat was a prerequisite to suit; consequently, service and the writ were set aside, the action struck out with liberty, and no costs awarded to defendants solicitors.

JUDGEMENT