Afenyo-Markin to Pursue Defamation Suit Against Sammy Gyamfi After High Court Setback; Lawyers say they have full instructions to pursue case to its logical conclusion
Lawyers for Minority Leader, Alexander Afenyo-Markin have hinted that he will return to court to continue his defamation suit against GoldBod CEO Mr Sammy Gyamfi.
This comes after the High Court in Accra, yesterday set aside a defamation writ filed by the Minority Leader against Mr Gyamfi.
The court, presided over by Justice Akwasi Adjenim Boateng, cited the “non-particularisation of the alleged defamatory words used by Mr Sammy Gyamfi” as the reason for its decision.
However, a press statement, later yesterday by Dehyena Chambers, the legal representatives for Mr Afenyo-Markin, said they have “full instructions” from their client to pursue the matter to its logical conclusion.
However, the lawyers noted that as of 4:00 p.m. yesterday, the Court Registry had not yet made a copy of the ruling available to them. “We therefore await with bated breath for the ruling of the Court to determine the next cause of action as instructed,” the statement read.
Procedural Roadblocks
The lawyers expressed what they described as “curiously troubling” behaviour by Mr Gyamfi.
According to the lawyers, Mr Gyamfi made categorical allegations against their client, publicly claimed to have evidence to substantiate them, and challenged Mr Afenyo-Markin to sue. “Instead of filing a defence, [he] has chosen the path of procedural road blocks,” the statement argued.
Technicalities
Citing civil jurisprudence and Supreme Court authorities on non-compliance with procedural rules and Order 81 of C.I. 47, the solicitors maintained that procedural irregularities are curable since equity looks at substance over form.
They emphasised the time-tested principle that “Justice should not be sacrificed on the altar of technicalities.” “We will not be deterred by procedural setbacks. The Mills of Justice grind slowly, but with great surety,” the statement signed by F. Paa Kwesi Abaidoo, concluded.
