Procedural errors rendered Afenyo-Markin’s GH¢15m defamation suit incompetent – Sammy Gyamfi’s lawyers
Lawyers for Ghana Gold Board (GoldBod) Chief Executive Officer Sammy Gyamfi, Seth Anyaaba and Koko Abotsi, say the Minority Leader, Alexander Afenyo-Markin’s failure to comply with procedural rules rendered his GH¢15 million defamation suit incompetent. According to Mr Anyaaba, the Member of Parliament failed to endorse the alleged defamatory statement on the writ of summons, […]
According to Sammy Gyamfi's lawyers, Seth Anyaaba and Koko Abotsi, the procedural errors in Minority Leader Alexander Afenyo-Markin's GH¢15 million defamation suit against him made the case incompetent. The lawyers explained that the writ of summons failed to comply with Order 57 (Rule 2) of the rules of court, which mandates that the alleged defamatory statements of the defendant must be endorsed on the writ.
As a result, the court dismissed the action, ruling that it was incurably defective and incapable of invoking its jurisdiction. The lawyers noted that the ruling effectively invalidates the suit filed by Afenyo-Markin against Sammy Gyamfi, and while the plaintiff has the right to re-file the case, Gyamfi's team decided against pursuing costs.
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