An Accra High Court General Jurisdiction 5 has dismissed an application brought to it by Nana Obiri Boahen, Abronye and David Asante to dismiss a defamation suit brought before it by the National Organiser of the National Democratic Congress (NDC), Mr Kofi Adams.
The presiding judge dismissed their application and slapped them with a cost of GH¢3,000.00
The court said it was surprised that they couldn’t “notice” the clear and adequate particulars the plaintiff pleaded plus the reliefs sought before they filed the motion to ask the court to strike out the case for allegedly not disclosing a cause of action.
The court held that the plaintiff had made more than sufficient references to the specific allegations, the dates and times they were made and the specific radio/media platforms on which the allegations were made by defendants against the plaintiff.
The second claim of non-payment of required fees is equally not sustainable and even if that were the case, the plaintiff would be made to pay a top-up.
In any case, the rules of court do not support the claims made by defendants, the court held, and consequently dismissed the application.
By the ruling, the defendants will now have to file their defence for the case to proceed.