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Crime & Punishment of Monday, 3 January 2011

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High Court orders posting of writ on Dr Anyah’s properties

An Accra High Court has ordered that copies of service of writ of summons and statement of claim be posting on the properties of Dr Felix Kwaku Anyah, Chief Executive Officer of Holy Trinity Spa and Health Farm Centre.

The order of substituted service was directed by Mr Justice Patrick Baayeh on June 10, 2010 that the writ of summons be posted on the High Court’s notice board in Accra.

Other places include Holy Trinity Clinic at North Kaneshie and Dr Anyah’s residence at House No. 96, Trassaco Estate in Accra for 10 days.

The court gave the directive in the case in which Mr Francis Ameyibor, a journalist with Ghana News Agency (GNA) sued Dr Anyah for libel and sought aggravated damages.

The writ was filed by Mr Tony Lithur, an Accra-based lawyer.

The statement of claim said on November 23, 2009, Mr Ameyibor, Chief Reporter with GNA covered the launch of a Handbook on Tourism in Ghana in Accra.

During the programme Former Majority Leader, Mr Alban S.K. Bagbin, the Special Guest of Honour, complained about the poor services at the centre and the bad work ethics of the waiters.

The plaintiff said at about 1700 hours on that day, he submitted the story to the sub-editors who agreed that he (plaintiff) should contact the defendant (Dr Anyah) for his reaction to the comments made by Mr Bagbin.

Plaintiff said he obtained defendant’s mobile number from a friend and despite several attempts to get him on phone he (defendant) failed to answer the call.

He called his friend who gave him the mobile number and requested him to give his name and mobile number to the defendant for his reaction.

Plaintiff said his friend called back to say that defendant refused to make the call and rather sent a threat that he would deal with the plaintiff if he published any story about the centre.

He said in the Monday, November 30, 2009 edition of the Ghanaian Chronicle newspaper, the defendant caused the publication of a story saying plaintiff was demanding GH¢5,000 from him (defendant) to kill what he called “a negative story”.

The defendant was quoted as saying: “What is the code of ethics including checks and balances in the Ghana News Agency that would prevent their staff to demand ransom or alternatively paste a one-sided investment- damaging view of one person on Ghana web?”

The statement of claim said the defamatory words were the subject of newspaper reviews on radio stations.

Plaintiff said the publication was calculated to ridicule, belittle and bring his reputation into disrepute.

“By reason of the said publication, the plaintiff has severely been damaged in his character and reputation and has suffered considerable distress,” it added.

Plaintiff said at no point in time did he speak to the defendant or any member of staff of the centre as alleged in the advertiser’s announcement of Monday 30, 2009.

He is therefore seeking general aggravated and exemplary damages for libel; an order restraining the defendant from publishing similar or other materials or statements defamatory to him; further or other relieves and costs.