Naagyei 90.3 Fm Agyapa
A seven-member panel of the Supreme Court has in a 6-1 majority decision-directed James Gyakye Quayson, Member of Parliament (MP) for Assin North to respond and file his processes to an injunction application against him.
The panel’s decision was after lawyer Tsatsu Tsikata had raised objection over the propriety of the Supreme Court orders for substituted service carried out in the Daily Graphic.
The apex court had on February 22, 2022, granted a request by Michael Ankomah Nimfah, a member of the New Patriotic Party to serve the MP for Assin North with processes seeking to injunct him from performing parliamentary duties through substituted service.
The court while granting the order for substituted service said the writ, processes, and hearing notice are to be posted on the doors, the frontage of the wall of his home.
The court also ordered for same to be posted on the notice boards of the High Court at Assin Fosu and the Supreme Court.
But, the court’s order for the publication in the Daily Graphic which was to be valid after seven days, and the manner it was carried out prompted Mr. Tsikata to raise an objection.
Preliminary objection
In court on Tuesday, March 8, Counsel for the 1st Defendant, Tsatsu Tsikata raised a preliminary objection to the publication made in the Daily Graphic as per the order of the court.
According to him, the order of the court made it explicitly clear that the writ, processes including the hearing notice be published in the Daily Graphic.
But, with the said publication, he said, only the hearing notice and the substituted service were published.
Tsatsu Tsikata drew the court’s attention to two of such publications in the Daily Graphic on February 26 and March 1, 2022.
He contended that, per the apex court’s orders, the publication would be considered duly served after seven days and that the case could not have been penciled down for hearing today.
Tsatsu Tsikata added that the parties are in this court on the basis of the hearing notice served on “my learned friend, Terry Wajah without any processes.”
He explained that, per the orders of the court as contained in the certified true copy, “we realized there was a publication in the daily graphic.”
He stated that, on February 26, 2022, the publication in the Daily Graphic has no other processes except the order for substituted and hearing notice for the parties.
That publication on February 26, he said indicated March 5, for hearing which was a Saturday.
He explained again that, another notice appeared in the Daily Graphic on March 1, and again it had only the order for substituted service and hearing notice for the parties.
Mr Tsikata argued that the order was for the plaintiff “to publish the publication which will be valid in seven days and according to what was published on March 1 it will become valid after today(March 8).”
According to Mr. Tsikata, “when we received the hearing notice to come today we are at a lost,” adding “the hearing notice flies in the face of the order given by the court.”
February 26 publication was in error
Counsel for the plaintiff Frank Davies while acknowledging that, the February 26, 2022 publication in the Daily Graphic was in “error,” the substituted service order has been duly carried out.
While wondering why a hearing notice was served on Terry Wajah, counsel said there were three other moods of substituted service and all were executed.
Apart from the publication in the daily graphic which had only substituted service and hearing notice, he said all other processes were complied with.
Godfred Yeboah Dame, the Attorney General contended that the technicalities of the Daily Graphic publication should not be used to delay the matter.
He submitted that substantial justice will be done if the technicalities of one mod of service are not dwelt on.
Registrar
The Registrar of the court, Matthew Antiaye, asked by Justice Dotse why the processes were served on lawyer Terry Wajah he said, he received a letter from the lawyer that, he has been engaged as counsel in the matter.
He told the court that, the certified true copy of the court proceedings including the orders was given to him.
By Court
The panel chaired by Justice Jones Victor Dotse in a 6-1 majority ruled that the essence of substituted service is to bring to the attention of parties of a pending suit.
The court said it does not expect all publication of the processes in the Daily Graphic for the defendant to know of the case.
The court said, the letter of Terry Wajah on Feb 28, having been appointed as a lawyer for Quayson speaks for itself and therefore the substituted service has been duly served.
With Justice Yonni Kolendi dissenting, the court said as of Feb 28, the indication is that the MP for Assin North James Quayson has heard about the proceses.
The court has therefore ordered him to respond to the injunction application and file all necessary processes by March 16.
Other members of the panel that made the decision are Justice Agnes Dordzie, Justice Nene Amegatcher, Justice Mariama Owusu, Justice Gertrude Torkornoo, Justice Yonni Kolendi and Justice Prof. Henrietta Mensah Bonsu.
The case has been adjourned to March 16.
