Our attention has been drawn to a defamatory publication on Ghanaweb dated the 9th day of March, 2009 concerning Mr. George Yaw Owusu and attributed to The Enquirer newspaper
We wish to draw the attention of the publishers of Ghanaweb and the world at large to the fact that The Enquirer newspaper edited by Mr. Raymond Archer published the same defamatory matter (as published on Ghanaweb on 9th March, 2009) in an article in its Friday, 28th November, 2008 edition.
In the said article, Mr. Archer and The Enquirer linked our client in a most disingenuous manner to the Eric Amoateng’s saga.
Aggrieved by this and the fact that our client is not the George Owusu who was cited by the Narcotics Control Board (NACOB); in the Eric Amoateng saga; Messrs. Kulendi@Law filed a writ against Focal Media Limited, the publishers of The Enquirer as 1st Defendant and Mr. Raymond Archer as 2nd Defendant seeking damages and other reliefs.
The said writ was filed in the High Court, Fast Track Division, Accra in December, 2008. Subsequent to that an amended Statement of Claim was filed on the 14th day of January, 2009.
Mr. Archer has since that date evaded service of the writ by a Bailiff of the High Court. On the other hand, Focal Media Limited has been duly served with the writ but failed to enter appearance nor file a defence as required by the rules of the High Court.
Upon an application to, the High Court, Fast Track Division, Accra presided over Her Ladyship Mrs. Norvisi,Aryene on the 16th day of February, 2009 entered interlocutory judgment against Focal Media Limited.
In respect of Mr. Archer, when it became obvious that he was evading service of the writ; notwithstanding the fact that he and Focal Media Limited had been sued jointly and severally; we served him the writ by substituted service.
The High Court (as already mentioned); upon an application to serve Mr. Archer by substituted service granted the application and ordered that Mr. Archer should be served by substitution by:
1. Posting a copy of the writ by registered mail to his postal address as published on The Enquirer newspaper
2. By posting a copy of the writ on the offices of The Enquirer at Tesano, Accra
3. By posting a copy of the writ on the Notice Board of the High Court, Fast Track Division, Accra.
All these have been done since the High Court granted the application to serve Mr. Archer the writ of summons by substituted service on the 19th day of February, 2009.
