DASEBRE NANA OSEI BONSU II VS. AKWASI MENSAH & 3 ORS. [2006]DLCA6709

Date	2006-07-13
Suit No.	HI/131/2005
Citation No.	[2006]DLCA6709

AKAMBA J.A PRESIDING

DOTSE

JUSTICE OF APPEAL

APALOO JUSTICE OF APPEAL

AKWASI AFRIFA ESQ. FOR THE PLAINTIFF/APPELLANT.

KWEKU PAINSTIL ESQ. FOR THE DEFENDANTS/RESPONDENTS

[2006]DLCA6709
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													<main id="main" class="content" style="min-height: 60rem" >DASEBRE NANA OSEI BONSU
II<o:p></o:p>VS.<o:p></o:p>AKWASI MENSAH &amp; 3
ORS.<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

HI/131/2005&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 13TH JULY 2006<o:p></o:p>

KWEKU
PAINSTIL, ESQ. FOR THE DEFENDANTS/RESPONDENTS.<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>DOTSE J.A. <o:p></o:p>On
22nd April, 2003, the Plaintiff/Appellant, hereinafter referred to as the
Plaintiff issued a Writ of Summons at the Fast Track Division of the High
Court, Accra against the Defendants/Respondents hereinafter referred to as
Defendants, claiming the following reliefs: <o:p></o:p>a)&nbsp; "The Plaintiff claims against the
Defendants jointly and severally the following reliefs:— <o:p></o:p>b)&nbsp; General and Special Damages for the false
malicious and unjustified publication about the Plaintiff in the Vol. 8 No. 49
Edition of 9th April, 2003, of the Daily Dispatch with the banner headline
"Mamponghene in ¢264 million fraud" which publication has tarnished
the reputation of the Plaintiff exposing him to public ridicule and scorn and
thus lowering his estimation in the eyes of right thinking members of the
public. <o:p></o:p>c)&nbsp; An order of injunction restraining the
Defendants, their agents, representatives, workmen and those connected with the
operations and working of the defendants from in any manner continuing their
malicious publications calculated to tarnish the reputation of the Plaintiff. <o:p></o:p>d)&nbsp;&nbsp; Such further orders as this Honourable Court
may deem fit. <o:p></o:p>In
an accompanying Statement of Claim, the Plaintiff averred that he is the
Mamponghene, and the occupant of the Silver Stool of Mampong-Ashanti.&nbsp; The Plaintiff then proceeded to give a litany
of other positions that he holds within the chieftaincy Institution and the
public at large, such as the following. <o:p></o:p>1.
The second highest-ranking chief in Asanteman. <o:p></o:p>2.
Member of the Standing Committee of the National House of Chiefs. <o:p></o:p>3.
Vice President of Ashanti Region House of Chiefs. <o:p></o:p>4.
Chairman of the standing Committee of the Ashanti Regional House of Chiefs. <o:p></o:p>5.
Member of the Judicial Council of Ghana at all times material to the cause of
this suit and many other positions, too numerous to recount here. <o:p></o:p>The
Plaintiff claimed that, on the 9th of April, 2003, a story was published in the
Volume 8, No. 49 edition of the Daily Dispatch with the banner headline,
"Mamponghene in ¢264 million fraud" <o:p></o:p>The
Plaintiff contended that the story was written by the 1st Defendant, in a paper
edited by the 2nd Defendant, whilst the 3rd Defendant is the medium by which
the story was published and the 4th Defendants are the publishers of the
newspaper. <o:p></o:p>The
crux of the Plaintiff’s complaint was that, the story inter alia stated as a
matter of fact that, there is an eight paged petition against the Plaintiff
with 25 pages of attachments including a note signed by the Plaintiff
acknowledging receipt of the sum of $30,000 as consideration for the nomination
of one Mrs. Rosina Mensah as Queenmother of Mampong. <o:p></o:p>The
plaintiff asseverated that, the Defendants did not contact him to verify the
authenticity of the story before publication. <o:p></o:p>In
paragraph 15 of the Statement of Claim, reference page 11 of the appeal record,
the Plaintiff contends as follows:— <o:p></o:p>"The Plaintiff states that the
Defendants also asserted that there was a document allegedly or purportedly
signed by the plaintiff acknowledging receipt of the said sum thus creating the
distinct impression in the minds of the public and the world at large that the
plaintiff has indeed collected the said amount of $30,000 from the said Mrs.
Rosina Mensah" emphasis <o:p></o:p>The
plaintiff therefore concluded on the basis of the above that the Defendants had
defamed him by the publication as a result of which he has suffered great
mental agitation and distress. <o:p></o:p>On
their part, the Defendants vehemently denied that they defamed the plaintiff by
virtue of the said publication. <o:p></o:p>The
Defendants in their Defence, relied on the Defences of <o:p></o:p>