An Accra High Court has struck out an application by the Lighthouse Chapel International seeking a default judgment against “The Fourth Estate”.
The charismatic church was seeking default judgment after it claimed those associated with The Fourth Estate had failed to file their defence within the stipulated time.
The Lighthouse Chapel had sued the Editor-in-Chief of The Fourth Estate, Manasseh Azure Awuni; the reporter who worked on the Lighthouse story, Edwin Appiah; the Executive Director of the Media Foundation for West Africa, Sulemana Braimah; and the Media Foundation for West Africa(MFWA), for defamation.
The church filed three different defamation suits covering the three-part series, “Darkness in a lighthouse”, which was published by The Fourth Estate in 2021.
The Fourth Estate is a non-profit journalism project of the MFWA.
The lawyer for the defendants, Samson Lardy Anyenini, in opposing the application for default judgment, argued that the church’s application was ‘premature’.
The application, which received wide media publicity even before a copy would be served on lawyers for the defendants, was scheduled to be argued today. But when the case was called, the lawyer for the church, Kweku Paintsil, said he was withdrawing it.
He said even though a search at the court registry on January 10, 2022, indicated defence had not been filed, he was later served and he realized the four defendants had actually filed their defence earlier on January 6, 2021.
Addressing Justice Joseph Adu-Owusu Agyeman, Kweku Painstil indicated that he was withdrawing the motion for a default judgment against all four defendants.
The lawyer for the defendants, Samson Lardy Anyenini, said though the withdrawal was expected, the application for default judgment was ‘premature.’
He argued that the defendants filed appearance on December 20, 2021, and the courts were on vacation from 23rd December and resumed on January 6, 2021. He said he had come to raise legal objection. He read Order 79 of the Civil Procedure Rules of court.
The presiding judge, Justice Joseph Adu-Owusu Agyeman, struck out all three applications as having been withdrawn.
The judge also ordered the church to bring a fresh writ of summons consolidating all three cases as one suit because they are materially the same.
Source: Peacefmonline.com
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Manasseh is tasting how it feels when a person is put on the spot in the media ... he is now crying like a baby and complaining about media reportage . Have a nice taste of your medicine. Allow other media houses in Ghana give you the fire you enjoy giving to others . Enjoy “ fearless journalism “ as you often put it ! Sssiiiiaaa !!!
I filed a case. The Defendant is served. The law requires the defendant files his defence within a stipulated time. Plaintiff goes back to the court for defendants response. Court says no defence has been filed by the defendant yet. I apply for default judgement against the defendants as an option prescribed by law. The same court later said is an " oversight" because the defence was indeed filed. I go back to the court to withdraw my ealier application. Period. Is withdrawal by a Plaintiff and struck out by court Synonymous? Or the 2 was done simultaneously. That's my street law knowledge. THE ABOVE WITHDRAWAL DOES NOT HAVE ANY EFFECT ON THE SUBTANTIVE CASE. Keep updating us. We will like to see the end of this series. But still kila bewu last show
Manasseh do you realize you are on your own ??? Multimedia has now seen that the Darkness in a Lighthouse story was a cra ss journalism work so they have abandoned you !! You are struggling to find a place to publicize your Lying version of the story .... your credibility among ur own multimedia people is gone ! Next time think before you do the devil’s work !!