According to them, the NDC Chairman, admitting the adumbration that he was unwell per an absolved assignment to the Court, was spotted on altered occasions on NDC affair attack grounds, including that of July 27, 2024, in Tamale, area the NDC launched the 2024 Election Campaign.
The apropos of Prof. Duah Agyeman's attorneys were borne out of a adoration by attorneys of Mr. Nketiah, bargain accepted as General Mosquito, who is the accountable of a GH¢20 actor aspersion activity from the above A-G, that their applicant was absent on medical grounds, which was beforehand accustomed by the Court.
Johnson , bargain accepted as General Mosquito, per an absolved duty, had been accepted leave on July 4 while the case was adjourned to July 31.
On July 31, back the case was alleged for hearing, attorneys of the NDC Chairman said, as adumbrated to the Cloister previously, that their applicant was due for a medical review, appropriately his absence.
However, the attorneys of the Plaintiff apprenticed the Cloister to booty apprehension of his attendance at affair activities, decidedly on July 10, 19, and 27.
The above A-G had abject General Mosquito to the Cloister for defamation, and he is ambitious amercement in the sum of GH¢20 million.
By Court
Her Ladyship Amends Audrey Kocuvie-Tay, the authoritative judge, afterwards alert to the parties, ordered a circadian balloon from October 8 to October 31, 2024, in the new acknowledged year.
However, Admonition for the Actor adumbrated he would be bare to abetment the Cloister from October 8 to 11, 2024.
While Admonition for the Plaintiff additionally adumbrated their dearth to abetment the Cloister on October 30 and 31, 2024.
Medical review
In Cloister on Wednesday, July 31, 2024, Tonny Nyarko Acheampong, while captivation abrupt for Samuel Codjoe as Admonition for General Mosquito (the Defendant), submitted that, on July 4, "we produced a medical alibi assignment of the actor which alibi assignment adumbrated that the Actor would be due for analysis today, the 31st day of July 2024."
"We account it necessary, therefore, to acquaint the cloister that as with the adumbration on the alibi duty, the actor is slated for analysis and would amend the cloister on any added development on his condition," Admonition submitted.
Subpoenaed witness
He added, "we abreast the Cloister at the aftermost audition date that our amendment issued in account of Kojo Thompson had not been served, and we prayed for an break to ensure that the bailiff of the anthology of the cloister furnishings account on him.
"We issued a audition apprehension and additionally followed up at the registry. We are, however, actuality told that alike admitting we accept provided the acquaintance accommodation of the said Kojo Thompson, they accept not been able to aftereffect account on him.
"For which acumen he is not in cloister today. My lady, we would, in the circumstance, adjure for an break for us to put our abode in adjustment and aftermath our abutting attestant at the abutting adjourned date," Admonition for General Mosquito submitted.
Attestant no best our employee
Kwame Ofori Addow, a advocate from Societe General Ghana PLC, said, "we were subpoenaed in account of the said Mr. Kojo Thompson."
"My lady, Mr. Kojo Thompson acclimated to be a managing director, but the coffer has not been associated with him for the accomplished 20 years.
"So the coffer has no official ambidextrous or able accord with him.
"As such, acute us to allege to affairs aural his claimed accommodation and ability is a bit misplaced, as he is no best a adumbrative nor an employee.
"So, my lady, in band with the same, we accept accounting a letter and alternate the said amendment to the registry," he told the Court.
Administrative notice
Nana Banyin Ackon, who was captivation abrupt for Garry Nimako Marfo as Admonition for Prof. Duah Agyeman (Plaintiff), apprenticed the Cloister to booty administrative apprehension of the conduct of the Actor admitting representation that he is unwell.
"…But, we would like to abide to this cloister that as the cloister considers adjourning the matter, we adjure that the cloister takes apprehension additionally of the conduct of the actor who has represented to this cloister that he is unwell and accordingly has acquired an alibi afore this court.
"My Lord, it is important to announce that the aforementioned actuality who has adumbrated that he is unwell has been spotted on altered occasions on affair attack grounds, accurately on the 10th, 19th, and 24th of July 2024, afterwards this cloister accepted an alibi for him to arise in this court.
"My Lord, on the accomplishments of this submission, we would like to adjure the cloister that the subpoenaed witness, accepting been clumsy to arise afore this cloister afterwards two adjournments already, my Lord will accomplish an adjustment that the actor himself, who is a attestant in this matter, advance to arise the box and affirm on the abutting adjourned date, and thereafter, if they still account it fit to alarm these added assemblage on subpoena, they can advance to do so.
"We accept that at this stage, abundant is enough," Admonition submitted.
No evidence
Admonition for the Defendant, in a quick rebuttal, said claims fabricated by the Plaintiff were unsubstantiated, and if they accept proof, they care to abide that to the Court.
"My lady, respectfully, we abide that the defendant, adverse to what admonition has aloof told the court, has not fabricated any actualization anywhere, as he has banned to abode any affirmation to that effect.
"The cloister has alone one assignment to administrate amends and does so adequately after sentiments invoked by admonition in the matter. If they said they saw him, the adapted affair to accept done is to accommodate affirmation afore this court," he submitted.
Reliefs sought
Prof. Duah Agyeman is praying the cloister to acknowledge that the defendant's advertisement on Neat FM that he was banned by the Institute of Chartered Accountants (Ghana) for bearing affected audited accounts for a non-existent aggregation is calumniating and abusive of him, and the aforementioned was fabricated after any reasonable, just, or apparent cause.
"A acknowledgment that the Defendant's advertisement on Neat FM that 'Duah Agyeman affected affected analysis letters apropos some chief admiral which led to their adjournment from accessible service' is calumniating and abusive of the Plaintiff, and the aforementioned was fabricated after any reasonable, just, or apparent cause," the plaintiff is praying.
Prof. Duah Agyeman is gluttonous a added acknowledgment that the defendant's advertisement on Neat FM that he was sacked from the Analysis Account by acumen of artifice was calumniating and abusive of him, and the aforementioned was fabricated after any reasonable, just, or apparent cause.
He wants the cloister to admission an adjustment of admonition directed at the defendant, agents, assigns, and his privies from continuing to accomplish any added abusive advertisement about him.
An adjustment of the Cloister directed at the actor to abjure the said abusive advertisement and cede an amateur acknowledgment in the aforementioned bulge on Neat FM and four publications in the Circadian Graphic is additionally actuality sought.
General amercement and compensatory amercement in the sum of GH¢20 actor for accident of acceptability are additionally actuality approved adjoin the defendant.