Spio-Garbrah’s default judgement against Chronicle newspaper succeeds

An Accra High Court on Thursday entered a default judgment in favour of Dr. Ekwow Spio-Garbrah, a National Democratic Congress presidential aspirant against the Chronicle Newspaper.

The court presided over by Justice Nicholas M.C Abodakpi in his ruling said the court has heard counsel for the plaintiff on the motion for a judgment in default of defence in plaintiff’s favour.

The court said the counsel stated that the motion has been filed on 27 November and was duly served on the defendant but they have failed to respond to the motion neither have they filed a defence to the substantive suit.

Justice Abodakpi said on 28 November, the motion under consideration was served on the defendant and a proof of service on the record showed that it was served on the Editor, Ebo Quansah.

He said the court’s records shows that the defendant through their lawyer though filed a notice of appearance but were yet to file a defence.

It said the time for filing defence having lapsed, the plaintiff was entitled to judgment as deposed to in the affidavit in support of the motion.

Justice Abodakpi said he was satisfied that the case was a proper case in which interlocutory judgment in default of defence must be entered in the favour of the plaintiff and against the defendant on all the reliefs endorsed on the writ of summons.

According to the reliefs granted by the court the Chronicle Newspaper was liable and that the said publication was defamatory.

It said they were restrained from any future malicious publications; and that the newspaper is directed to “restore the integrity and image of the plaintiff and present an official apology and published same.

The plaintiff sought restraining orders to stop the newspaper from putting out defamatory publications against him.

This action was as a result of the paper publishing a story on the plaintiff on Thursday, 18th October, 2018 in which it reported that Dr Spio-Garbrah was furious over the absence of some NDC Members of Parliament at his campaign launch in Accra and that he promised to deny them appointments if he becomes president.

Source: GNA