An Accra High Court has entered a consent judgment in a case of a defamatory suit against Professor Ivan Addae-Mensah, which was filed by William Edem Fugar.
The lawsuit stemmed from defamatory statements made by Professor Addae-Mensah in his book titled “My Life: A Historical Narrative.”
Giving ruling on the case on Wednesday, March 20, 2024, the Accra High Court directed that Prof Addae-Mensah retract the defamatory words he made against William Fugar in his book.
It will be recalled that the Managing Partner of Fugar & Company, William Edem Fugar, sued Prof. Ivan Addae-Mensah, a former Vice Chancellor of the University of Ghana (UG), for making defamatory statements against him.
This came after Edem Fugar issued a final strong caution to the former vice chancellor to adhere to his demand notice following alleged defamatory statements in his (Prof Addae-Mensah’s) autobiography against him.
The demand notice accused Prof Addae-Mensah of causing damage to Fugar’s longstanding reputation as a legal practitioner of high repute, both nationally and internationally.
The lawyers for Fugar stated that the false imputations portrayed their client (Fugar) as a negligent and carefree lawyer, tarnishing his professional standing.
In the book, the lawyers contended that the referenced case, Pennie & Another v Egala & Another, reported in the Ghana Law Reports of 1980, contradicts Addae-Mensah’s claim.
Referring to the judgment delivered by Cecilia Koranteng-Addow J. on April 20, 1979, it said it reportedly ruled in favor of the plaintiffs, and an injunction was issued against the second defendant.
Based on this, William Edem Fugar filed a writ of summons demanding a retraction of the defamatory statements from the autobiography of the professor, and an unqualified apology from him.
What happened in court on March 20, 2024
In court on Wednesday, according to the terms of the settlement agreement, the defendant has issued a retraction of the defamatory words contained in the book and has also issued a formal apology to the plaintiff.
Additionally, the defendant has agreed to take specific actions to rectify the situation, including publishing a quarterly advertisement in the Daily Graphic, containing the retraction statement and deleting the offending words from the next print/edition of the book.
In return for the defendant’s compliance with these terms, the plaintiff has agreed to release the defendant from any claims related to the defamatory statements and has waived any further cause of action against him.
Furthermore, both parties have agreed that these terms of settlement will be adopted by the High Court as a consent judgment.
They have also agreed that the provisions of the settlement may be enforced as orders of the High Court and may only be amended or varied by a written agreement executed by both parties.
Each party has confirmed that they have read and understood the terms of the settlement, including their respective rights and obligations, and have obtained independent legal counsel. Both parties have affirmed that they are of sound mind and have entered into the settlement voluntarily.
This out-of-court settlement marks the conclusion of the legal dispute between the plaintiff and the defendant.
The terms of the settlement, along with any attachments, constitute the entire agreement between the parties and supersede all prior agreements, whether written or oral.
William Fugar was represented by Tsatsu Tsikata and Marietta Brew, while Prof Addae was represented by Azanne Kofi Akainyah.
NAY/AE
