SGT. OFOSU ADDO
V.
THE EDITOR, DAILY GUIDE & ANOR

(2006) JELR 69660 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/267/2004 ·  17 Nov 2006 ·  Ghana
CORAM
GBADEGBE. J.A. [PRESIDING], ADDO J.A., HENRIETTA ABBAN.J.A.
Core Terms Beta
application
defendants
judgment
default judgment
respondents
court
plaintiff
rule
appeal
honourable court
case
extension of time
party
learned trial judge
blunders
default of appearance
11th november
13th january
3rd day of march
addo j.a
armed robbery
bowen l.j
case of ojikutu vrs odeh
case of the plaintiff
cost
court order
edition of the daily guide
expression of its coercive power
firm view
following passage
grounds of appeal
h.l. lord atkin
inherent jurisdiction of the court
interlocutory proceedings
judgment of the west africa court of appeal
kind of error
lower court
natural course
party blundering
persistent default of the defendants
plaintiff’s writ
rights of the parties
right thing
rule of practice
special damages
statement of claim
statement of defence
such further orders
such terms
turn of events

ADDO J.A: The plaintiff/appellant brought an action in the lower court against the defendants/respondents jointly and severally for general and special damages for publishing in the October 23, 2001 edition of the Daily Guide that the plaintiff had been arrested in connection with armed robbery at Asante Mampong Agency of the Otuasekan Rural Bank, and for such further orders as the court might deem fit. The Plaintiff’s writ was accompanied by a statement of claim setting out the basis of the action by the Plaintiff/Appellant. The writ having been served on the Defendants/Respondents, they failed to enter an appearance. So the Plaintiff/Appellant obtained Judgment in default of appearance. The Defendants/Respondents brought an application under order 13 rule 11 to set the default judgment aside but this was dismissed on the 30th July 2002 and the court then adjourned the case to 22nd October 2002 for assessment of damages. Defendants/Appellants meanwhile lodged an appeal against the ru…

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