[1967]DLHC1516 • October 20, 1967 • High Court
MERCER vs. GUINEA PRESS LTD
The plaintiff, Mercer, issued a writ of summons claiming damages for libel against the defendants, Guinea Press Ltd., printers of the Evening News newspaper. The libelous article was published on 1 June 1967. The defendants applied to set aside the writ or its service on the ground that the plaintiff did not obtain the Attorney-General's fiat as required by the Newspapers Decree, 1966 (N.L.C.D. 107). The defendants argued that as printers, the plaintiff was required to obtain the fiat before commencing the action. The plaintiff contended that since the writ named them as printers and not owners or publishers, the fiat was not necessary.
read moreJUDGMENT OF ARCHER J. This is an application by the defendants under Order 12, r. 24 and Order 70, r. 2 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L. N. 140A), to set aside the writ of summons or alternatively service of the writ of summons issued by the plaintiff on the ground that the Attorney-General’s fiat was not obtained before the writ was issued as required by paragraph 1 of the Newspapers Decree, 1966 (N.L.C.D. 107). Before I consider the merits of the application I propose to deal with certain procedural points which have become glaring in this matter. Order 12, r. 24 provides: “A defendant before appearing shall be at liberty, without obtaining an order to enter or entering a conditional appearance, to take out a summons or serve notice of motion to set aside the service upon him of the writ or of notice of the writ, or to discharge the order authorising such service.” Order 70, r. 2 also provides: “No application to set aside any proceeding ...