Category: Crime Created on Wednesday, 27 June 2012 09:36 Published Date Written by GNA Hits: 429
Accra, June 26, GNA - For the second time, the State on Tuesday failed to initiate proceedings on the suit brought against Alfred Agbesi Woyome, a businessman involved in the GH¢51.2 million judgment payment at the Commercial Court.
A letter received by the court from the Attorney General’s (AG) Department, indicated that Mrs Dorothy Afriyie Ansah, Chief State Attorney, handling the case, was still indisposed and has been given three days off duty.
The State was expected to start proceedings following the dismissal of an interlocutory application by lawyers of Woyome at the Appeal Court, restraining the Commercial Court to stay proceedings until the final determination of the matter.
The AG on January 16, this year initiated an action against Woyome asking the Commercial Court to set aside the GH¢51.2 million consent judgment awarded to him because it was procured through fraud.
Mr Osafo Buabeng, member of Woyome’s legal team, said the issues that were being set aside could be greatly affected by the amendment from the AG.
He said the issues that were filed by the defence had been overtaken by events, and prayed the court to allow them to file a response to the AG’s amendment.
Mrs Justice Barbara Ackah-Ayensu, the trial judge, who was not happy with the turn of events, said another State Attorney could be asked to handle the case.
She said if for any reason the AG did not want to pursue the case it should let the court know.
Mrs Justice Ackah-Ayensu asked the defence to study the responses that were filed by the AG, and if they had any additional amendments to that they were obliged to do so.
She ordered the parties in the case to file all documents that they would rely on during the trial.
On January 16, former Attorney General and Minister of Justice, Mr Martin A.B.K. Amidu, filed an affidavit to amend an earlier writ.
He prayed the court to set aside a consent judgment awarded to Woyome, which the AG alleged was procured through fraud.
Mr Amidu said the AG had received new information and there was the need to amendment the writ of summons and statement of claim filed on August 18, 2010.
In the amended writ indicated that it had come to the AG's attention that Woyome lacked the legal capacity to maintain his claim against the AG.
This is because there was no contract between Woyome and the Government of Ghana upon which Woyome could have maintained any cause of action in the suit.
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