The Court of Appeal this morning gave embattled FDA lawyer, Cynthia Dapaah Ntow, yet another embarrassing defeat striking out a motion by her lawyers and slapping her with a cost of ¢2,000.
The three-member panel also advised the lawyers to ponder over what they found seemed a strange situation where the plaintiff in the case is rather seeking a stay of proceedings to delay the trial.
It said it is often the defendant that takes actions that appear to delay a case and not the Plaintiff.
The FDA’s lawyer Cynthia Dapaah-Ntow sued Manasseh Azure Awuni, the Multimedia Group Ltd and Prof. Ato Duncan, manufacturer of COA FS Mixture.
In the suit filed the afternoon after a radio broadcast of the documentary, “returned bribe”, in which she is heard demanding a bribe, she alleges she has been defamed. In November last year, she filed a motion for an injunction seeking to stop TV broadcast of the investigative piece.
Since the defendants filed their documents in opposition asking the court to dismiss the suit and the motion for injunction, her three-man legal team has made several attempts for the court to reject processes filed for Manasseh Azure insisting he cannot be entertained because he failed to provide his residential address.
The High Court threw her out saying she has not encountered any difficulties serving processes on Manasseh Azure or his lawyers who also represent The Multimedia Group.
Mrs Dapaah-Ntow who is now challenging the decision of the High Court in the Court of Appeal also wanted the Court of Appeal to halt the ongoing trial until the appeal has been decided.
Just when her lead lawyer stoop up and started arguing the motion for stay of proceedings, lawyers for Manasseh Azure and the Multimedia Group interrupted to raise an objection saying the motion was grounded on a dead law because the jurisdiction of the court was improperly invoked.
The court of appeal panel agreed to compelling a striking out of the motion. The lawyers for Mrs Dapaah-Ntow are expected to file the motion in the High Court.
Meanwhile, a similar suit filed by the FDA boss Delese Mimi Darko against The Multimedia Group and its Editor Fred Smith suffered a major blow with another High Court recently throwing out an application that has meant there is presently no case against her intended defendants.
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