[2009]DLHC16639 • April 30, 2009 • High Court
OBAAPANIN AFUA MIREKUA vs KWAKU BAAH
The plaintiff, a senior nurse and Obaapanin of a royal family, sued the defendant, a legal practitioner and member of the same family, for libel based on allegations made by the defendant in an affidavit supporting a motion for contempt of court. The defendant had filed a motion to commit the plaintiff and others for contempt, alleging conspiracy to pervert justice by influencing a judge in a pending case. The plaintiff denied the allegations and claimed damages for libel.
read moreRULING The Plaintiff/Respondent (hereinafter called the plaintiff) caused to be issued against the defendant/applicant (hereinafter called the defendant) a writ of civil summons wherein the plaintiff claimed against the defendant. “(a) GH¢100,000 damages for libel (b) Such other reliefs as in the circumstances may seem meet” Attached to the writ was a statement of claim. The defendant entered Conditional Appearance upon receiving the writ and the statement of claim and on the 10th November, 2008, filed a “Motion on Notice to Dismiss Action on Point of Law under the Inherent Jurisdiction of the court and Order 11 Rule 18(1) of CI 47”. The application, in the main, prayed the court for: “(a) An order striking out the writ of summons and the entire statement of claim in this suit on ground that the reliefs therein disclose no reasonable cause of action in law and that the action is an abuse of the process of the court”. The motion was supported ...