NUM KOFI DWOMO vs. HON. JOE DANQUAH (MP [2011]DLCA3712

Date	2011-04-01
Suit No.	NO. H1/3/2011
Citation No.	[2011]DLCA3712

MARIAMA OWUSU (MISS) J.A. (PRESIDING)

F.G. KORBIEH J.A.

IRENE C. DANQUAH (MS.) J.A.

[2011]DLCA3712
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													<main id="main" class="content" style="min-height: 60rem" >&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;NUM KOFI DWOMO<o:p></o:p>&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; vs.<o:p></o:p>&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; HON. JOE DANQUAH (MP)<o:p></o:p>&nbsp;[COURT OF APPEAL, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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NO. H1/3/2011&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 1ST APRIL, 2011<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;
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MARIAMA
OWUSU (MISS), J.A. (PRESIDING), F.G. KORBIEH, J.A. AND IRENE C. DANQUAH (MS.),
J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGMENT<o:p></o:p>

</div>IRENE C DANQUAH JA<o:p></o:p>This is an interlocutory
appeal against the ruling of the High Court, Sunyani dated 27th May
2009 for refusing to grant the 1st Defendant/Appellants motion to
set aside the default judgment entered against him on the 9th June
2008.&nbsp; <o:p></o:p>Ground one of the appeal
was stated in the Notice of Appeal filed by the Appellant as follows:<o:p></o:p>“a.
That the court erred in refusing the application to set aside the default
judgment entered against the 1st Defendant/Appellant on the ground
that he did not act timeously.”<o:p></o:p>No additional grounds of
appeal were filed in pursuance of ground (b) on the Notice of Appeal.<o:p></o:p>The action was commenced
by the Plaintiff/Respondent who was the Assemblyman for Tanokrom Electoral Area
in Tain District of the Brong-Ahafo Region on 7th June 2007 against
the 1st Defendant/Appellant who was the sitting Member of Parliament
for the Tain constituency and two others jointly and severally.&nbsp; The Plaintiff sought the following reliefs:<o:p></o:p>“1.
General damages against the Defendants for the defamation of the Plaintiff’s
character when they published a libelous story about him in June 2, 2007
edition of the Daily Guide Newspaper at page 5 under the caption “TAIN MP
EXPOSES ASSEMBLYMAN.” <o:p></o:p>PARTICULARS
OF DEFAMATION IN THE PUBLICATION<o:p></o:p>“Honourable
Joe Danquah also accused the Assemblyman of selling 50 bags of cement meant for
the construction of LV concrete poles.&nbsp;
He therefore advised him to be of good behavior.”<o:p></o:p>2.&nbsp; An order of the court to compel the
Defendants to retract the story and offer an unqualified apology to the
Plaintiff.<o:p></o:p>3.
An order of perpetual injunction to restrain the Defendants their agents,
assigns etc from further defaming the Plaintiff in any manner.”<o:p></o:p>Upon service of the writ
and statement of claim on the Defendants, the 2nd and 3rd
Defendants entered Appearance to the action and filed their statement of
defence.&nbsp; However, the Appellant failed
to file any appearance to the writ when he was served.&nbsp; On 23rd October 2007 the
Respondent filed a motion for interlocutory judgment against the Appellant for
failing to file Appearance.&nbsp; Upon service
of the application on the Appellant he failed to react to the motion and same
was granted by the court on 5th February 2008 and the court
adjourned for Assessment of Damages to 1st April 2008.&nbsp; On 1st March 2008 the Appellant
was served with the Hearing Notice for the Assessment of Damages.&nbsp; The Appellant failed to react and the
assessment of damages took place on the 1st April 2008 and the
matter was adjourned to the 29th April 2008 for judgment.&nbsp; But before judgment could be delivered on the
assessment of damages, the Appellant on 25th April 2008 filed a
motion to set aside the interlocutory judgment entered against him.&nbsp; The application was granted on 29th
April 2008 and the court accordingly set aside the default judgment obtained
against the Appellant on 5th February 2008.<o:p></o:p>The Appellant failed to
file any process thereafter and therefore the Respondent took a further step
and obtained for the second time another default judgment against the Appellant
on 9th June 2008.&nbsp; The
Appellant was served with the Entry of Judgment and the hearing notice for the
Assessment of Damages which was fixed for the 27th October
2008.&nbsp; The Appellant failed once again to
react and damages were accordingly assessed and judgment entered in the sum of
GH¢30,000.00 as damages plus cost of GH¢1,000.00 against the Appellant.<o:p></o:p>The Entry of Judgment was
served on the Appellant on 4th December 2008.&nbsp; The Appellant did not react to it.&nbsp; <o:p></o:p>The Respondent therefore
put the execution processes in motion by obtaining a Garnishee Order on 19th
January 2009 which was served personally on the Appellant and the Garnishee
(ie. Director of Finance - Parliament).&nbsp;
On 27th January 2009 the Respondent obtained the Garnishee
Order Absolute and same was served on 30th </main>