[2010]DLSC2524December 8, 2010Supreme Court

SGT. OFOSU ADDO vs. GRAPHIC COMMUNICATIONS GROUP LTD.

The plaintiff obtained judgment against the defendant for defamation, including damages and an order for publication of a retraction. The defendant appealed and applied for a stay of execution of the judgment pending appeal, which was initially refused by the High Court but later granted by the Court of Appeal. The plaintiff appealed against the stay order granted by the Court of Appeal.

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GBADEGBE JSC: In the action out of which this appeal arises, the plaintiff obtained judgment against the defendant for defamation and was awarded damages as well as an order directed at the defendant to publish a retraction of the publication on which the action turned. The defendant claiming to be aggrieved by and dissatisfied with the judgment of the trial High Court appealed there from to the Court of Appeal. Pending the determination of the appeal, the defendant applied to the trial Court for an order of stay of execution of the orders of the Court. The application having been refused by the High Court, the defendant filed a repeat application that was authorized under the rules of the Court of Appeal. In its ruling dated 3rd March 2010, the Court of Appeal granted the application for stay of execution of the judgment of the High Court pending the determination of the appeal. The instant proceedings arise as a result of the appeal by the plaintiff from the order of stay of execut...