Court awards GH¢600 cost against Nana Kwame Adjei-Boateng
The Accra Fast Track High Court has awarded GH¢600 costs against Nana Kwame Adjei-Boateng, a member of the Asona Royal Family of Kyebi for delaying in filing his defence on time in a defamation suit.
The award of costs was made upon the hearing of an application for judgement in default of defence by counsel for the Okyenhene, Mr Godfred Yeboah Dame.
Counsel had prayed the court to admit the defence filed by Adjei-Boateng, however late, and prayed the court to award GH¢10,000 costs against him.
He produced an official court document to prove that a court bailiff had served Adjei-Boateng with writ of summons on time.
Mr Dame also prayed for judgement in default of defence to be entered against the fourth defendant, Kofi Nyame, a reporter of The Heritage newspaper.
He argued in opposition that Nyame had not been served properly with the writ of summons and had thus filed only a conditional appearance.
However, counsel for the first and second defendants in the trial, Mr David Annan, objected to the costs requested against Adjei-Boateng, saying that “until Adjei-Boateng is served, he is not a party in the case” and prayed the court to adjourn the trial for the bailiff to appear before the court to tell it he had served his client with the writ of summons.
Mr Dame objected to Mr Annan’s submission and produced a document to prove that official records before the court showed that Nyame had been served with the writ of summons.
He told the court that having failed to set aside the service of the writ or file a defence within 14 days after the entry of conditional appearance, the plaintiff (Okyenhene) was entitled to interlocutory judgement in default of defence.
The court, presided over by Mr Justice L. M. Mensah, adjourned the case to July 10, 2014 for a ruling.
Background
The Okyenhene, Osagyefo Amoatia Ofori Panin, has filed a suit at the Fast Track High Court against the publishers of The Herald newspaper and three others for accusing him of engaging in illegal mining.
According to the Okyenhene, Prime Mark Company Limited, publishers of The Herald newspaper; Nana Adjei-Boateng, a member of the Asona Royal Family of Kyebi; Larry-Alans Dogbe, the Managing Editor of The Herald, and Nyame, a reporter with the newspaper, variously published libelous materials which had tarnished his reputation, both locally and internationally.
The publication was carried on the front page of the May 5, 2014 edition of the newspaper.
Demand from lawyer
The Okyenhene is praying the court to perpetually restrain the defendants from further publishing libelous materials against him.
He also wants the court to award exemplary damages against the defendants, as well as order them to bear the cost of his solicitor’s fees.
Counsel for the Okyenhene, Mr Dame, is asking for GH¢5 million general damages against the defendants.
According to him, the Okyenhene is a well-known local and international personality whose reputation had been gravely affected by the libelous publication.
“Therefore, the instant action is intended to stop these attacks on the personality of Osagyefo, as well as on the integrity of the stool he occupies. We intend to press the court for the award of the highest amount of damages ever awarded in the history of a libel action. The reputation of Osagyefo is very huge and cannot be maligned unnecessarily,” he argued.
Severe damage
According to the statement of claim, the said publication sought to libel the Okyenhene as a criminal.
It said the publication also sought to create the impression that the Okyenhene lived a deceptive life, championed environmental degradation and was, therefore, an unworthy ambassador in environmental protection.
“The said publication has exposed plaintiff to public odium, ridicule and contempt in the eyes of right-thinking members of society worldwide,” the statement added.