EDWARD ANNAN vs. EGBERT FAIBILLE & 2 OTHERS [2005]DLHC7458

Date	2005-07-13
Suit No.	SUIT NO. FTD 11/2003
Citation No.	[2005]DLHC7458

BEFORE HIS LORDSHIP YAW APPAU J.

MARIETTA BREW (MS) FOR THE PLAINTIFF.

YONNY KULENDI ESQUIRE FOR THE DEFENDANTS.

[2005]DLHC7458
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													<main id="main" class="content" style="min-height: 60rem" >EDWARD ANNAN<o:p></o:p>vs.<o:p></o:p>EGBERT FAIBILLE &amp; 2 OTHERS<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>COUNSEL:<o:p></o:p>MARIETTA BREW (MS) FOR THE PLAINTIFF. <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

YONNY KULENDI, ESQUIRE FOR
THE DEFENDANTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

BEFORE HIS LORDSHIP YAW
APPAU J.<o:p></o:p>

</div>On
Tuesday 27th May 2003, the Independent Newspaper, which is published by the 3rd
defendant Trans Afrika News Limited with the 1st and 2nd defendants as its
Managing Editor and Editor respectively, carried a publication on its front
page with a bold headline, "Recent rumpus at GPHA TOP NDC MAN EXPOSED OVER
$60m CONTRACT". <o:p></o:p>The
top NDC man referred to in the publication happened to be the plaintiff, Mr.
Edward Annan and by 'NDC' is meant the National Democratic Congress, the party
that formed the first government of the fourth republic of Ghana and the
current largest opposition party in the country. <o:p></o:p>The
plaintiff, who thought his reputation had been damaged by the said publication,
commenced this action on the 29th day of May 2003 (i.e. two days after the
publication), against the three defendants claiming among others, general
damages (including aggravated/exemplary damages) for libel. <o:p></o:p>His
pleaded case was that he is a well-known businessman of repute with extensive
business interests in Ghana. According to him the article in question, which
was written by the 1st defendant and published by the 2nd and 3rd defendants
was offensive and libelous. <o:p></o:p>The
publication, which he said had no basis or foundation, did not end there as the
2nd defendant repeated the same allegations contained in the publication when
an Accra-based FM radio station by name Radio Gold interviewed him on the same
day the publication was made. This made him to rush back to Ghana from the
United Kingdom to try and salvage his reputation. <o:p></o:p>The
plaintiff contended that the words and innuendoes contained in the publication
described him as a high-ranking member of the National Democratic Congress who,
with other members of the party, illegally, cynically and opportunistically
participated in and profited from the corruption, theft and/or robbery of the
wealth of the country during the reign of the National Democratic Congress
government. <o:p></o:p>Again,
he the plaintiff was the most probable source of certain damaging media reports
against the Director General of the Ghana Ports and Harbours Authority (GPHA)
regarding the award by GPHA of a contract to a Dutch Company by name
Interbeton, for the construction of a container terminal at the Tema Harbour
mainly because his preferred choice for the contract China Harbour Engineering
Limited did not win the contract. <o:p></o:p>He
maintained that the publication, which was mischievous and intended to
disparage him in his business since he did not have any relationship with the
company attributed to him (i.e. China Harbour Engineering Limited), portrayed
him as an unethical and an unscrupulous businessman and a bad loser who was
disgruntled by the loss of the contract to his preferred company China Harbour
Engineering Limited. <o:p></o:p>According
to him, the defendants made no efforts whatsoever to contact him or any member
of his company for his comments prior to the said publication, which has
seriously injured his personal and professional reputation as a businessman of
repute and has brought him into public ridicule, hatred and contempt. <o:p></o:p>Also,
by linking him to the National Democratic Congress, defendants' main aim was to
create disfavour in the present ruling government against him to his detriment.
<o:p></o:p>Plaintiff
later sought leave of the court to amend his writ of summons and statement of
claim to include a relief for special damages of (a) £773.00 and (b)
¢52,080,000.00, which he particularized in his amended statement of claim filed
on 6/5/2004 as the cost of plane ticket and legal fees respectively. <o:p></o:p>The
defendants filed a joint statement of defence on 8/6/2004 in which they denied
that the publication was calculated to disparage the plaintiff in his business.
<o:p></o:p>According
to the 1st defendant, after he had been served with the writ of summons in this
action, lie approached the former Vice-President of the Republic of Ghana in
the person of Professor John Evans Atta Mills who is a friend of the plaintiff
on the matter. The former Vice-President advised him to retract the publication
and offer an apology to the plaintiff and that he (the former Vice-President)
would speak to the plaintiff to withdraw the suit. <o:p></o:p>As
a result of this advice, he caused to be printed and published in the Thursday
17th July 2003 issue of the sam</main>