[2025]DLCA18393 • April 30, 2025 • Court of Appeal
ALL TEACHERS ALLIANCE GHANA (ATAG) vs. DANIEL OWUSU BAFFOE
The Plaintiff/Appellant, ALL TEACHERS ALLIANCE GHANA (ATAG), a registered trade union under the Ghana Education Service, sued the Defendant/Respondent, Daniel Owusu Baffoe, a teacher with the GES, for defamation arising from a publication alleging that ATAG is a scam. The Plaintiff sought damages, an apology, and an injunction. The Plaintiff served the Defendant by substituted service and obtained judgment in its favor on 29th November 2021. The Defendant later applied to set aside the judgment on grounds of non-service of the writ of summons and statement of claim, which was granted by the High Court. The Plaintiff appealed this ruling.
read moreJUDGMENT MENSAH-DATSA, JA. This is an appeal by the Plaintiff/Appellant (hereafter referred to as Appellant) against the ruling of the High Court, Kumasi dated 18th July, 2023 in favour of the Defendant/Respondent (hereafter referred to as Respondent). The said ruling granted the application of the Respondent to set aside the judgment of the Court dated 29th November, 2021. The grounds of appeal are stated on page 206 of the Record of Appeal as follows: a. The trial Court Judge erred when it (sic) sets (sic) aside its (sic) final judgment delivered in favour of the Plaintiff/Appellant on the 29th November, 2021 upon an Application brought by the Defendant/Respondent under Order 10 Rule 8 of C.I. 47. b. That the trial Court Judge erred when it (sic) failed to avert its (sic) mind to the procedural impropriety of the Application brought by the Defendant/ Respondent under Order 10 Rule 8 of C.I. 47. c. Further ground of appeal may be filed after procuring the Ruling from the tria...