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The Supreme Court presided by the learned Mariama Owusu J.S.C. has unanimously granted special leave to Mr. Sammy Gyamfi to file an appeal against the judgement of the Court of Appeal dismissing an application brought by Mr. Gyamfi for the stay of the execution of the High Court Judgment in the defamation case brought by Dr. Matthew Opoku Prempeh against him.
The High Court in its judgement dated 13th of October, 2022 declared statements made by Mr. Gyamfi during a political press conference as defamatory against the person of Dr. Matthew Opoku Prempeh, the current Vice Presidential candidate of the New Patriotic Party (NPP).
On the 8th of May, 2024 the Court of Appeal refused an application brought by Mr. Sammy Gyamfi through his lawyers, Ayine and Partners praying the Court of Appeal to stay the execution of the High Court judgment awarded against Mr. Gyamfi which includes the payment of GH¢500,000 in damages and GH¢40,000 as cost.
Pursuant to article 131(2) of the 1992 Constitution of the Republic of Ghana and section 4(2) of the Courts Act, the Supreme Court in their discretion upheld the arguments of Mr. Tameklo who appeared with his learned friend, Koku Abotsi Esq. for Mr. Sammy Gyamfi, the Head of Communication for the National Democratic Congress (NDC). Per Mr. Tameklo, it was important for leave to be granted the applicant as they were hopeful of a favourable outcome of the substantive appeal of the decision of the High Court by Justice Charles Gyamfi Danquah which decision Mr. Tameklo argued, awarded excessive damages against Mr. Gyamfi.
Dr. Matthew Opoku Prempeh Opposes
In a calm and collected manner, the learned Nana Agyei Baffour Awuah Esq. who was with his learned friend Perella Bruce Esq. argued for the denial of the prayer of Mr. Tameklo. In the firm view of Mr. Awuah, Mr. Gyamfi through his lawyers failed to demonstrate to the Court the likely success of the appeal hoped to be filed. He further argued in a more firmer voice that legal authorities from our Courts provide three grounds for the grant of leave to file an appeal against a decision of the Court of Appeal and such grounds were not canvassed neither argued by Mr. Tameklo.
The learned Baffour Awuah thus moved the Supreme Court to exercise its discretion in refusing the prayers of Mr. Gyamfi through his lawyers led by the learned Godwin Edudzi Tameklo.
Leave Granted
Justice Owusu who was flanked by Kulendi and Darko Asare JJSC to her left and Lovelace-Johnson and Gaewu JJSC to her right read the ruling of the Court granting the prayers of Mr. Tameklo. In a chatty tone and what appears to be an off-the-record discussion after the reading of the ruling, Owusu J.S.C. told Mr. Baffour Awuah to allow Mr. Gyamfi bring his appeal for the Court to peruse the merits therein.
DOWNLOAD THE HIGH COURT DECISION ON THE DEFAMATION OF DR. MATTHEW OPOKU PREMPEH BELOW:
Source: thelawplatform
