The Chief Executive Officer of the Ghana Chamber of Bulk Oil Distributors, Mr Senyo Hosi, has filed a motion at the Accra High Court to reactivate his defamation suit against the Member of Parliament (MP) for Assin Central Constituency, Mr Kennedy Agyapong.
Mr Hosi is urging the court to relist the case to enable him seek legal remedy for an alleged damage done to his reputation by the MP.
In July 2017, Mr Hosi dragged Mr Agyapong to court seeking GH¢5 million in damages after the MP accused him of bribery over the alleged sale of contaminated fuel by the Bulk Oil Storage and Transportation Company Limited (BOST).
On Monday, July 12, 2021, the High Court struck out the suit for want of prosecution, meaning Mr Hosi was dragging his feet in prosecuting the case.
Justice William Bempong struck out the suit following an application by lawyers of Mr Agyapong.
In his motion urging the court to relist the case, Mr Hosi averred that he had never delayed the case.
“The record of the honourable court will show that plaintiff/applicant has diligently prosecuted this suit over the entire period with counsel attending court at every adjourned date and never once defaulting in complying with any order or direction of the honourable court,” the motion said.
Rather, he said, it was the MP who had been dragging his feet, and should be blamed for any delay in prosecuting the case.
“This honourable court as now differently constituted may upon examination of the record discover that defendants/respondents have been overly indulged and are largely to blame for the delay in this case as witnessed over the period.
“For a year or more, the defendants/respondents had neglected to deliver their amended statement of defence prompting several warnings from the honourable court, and counsel for the plaintiff would be highly commended for actions, including placing phone calls to counsel for the defendant when absent,” the motion said.
Lawyers for Mr Hosi further argued that it was not deliberate on their part not to be in court on the day the court struck out the case.
“That the non-appearance of plaintiff /applicant or his counsel today was never deliberate, and I humbly pray that this is a proper case where the court, for the ends of justice to be served, will relist a case for hearing and pray same be accordingly relisted,” the motion added.
The suit arises from “bribery and corruption” claims made by Mr Agyapong against Mr Hosi.
In the suit filed on July 4, 2017, Mr Hosi claimed that the allegations made by Mr Agyapong had affected his image and reputation in the sight of right-thinking members of society.
According to the suit, the second defendant, owners of Oman FM and Net 2 TV, helped in circulating the said defamatory comments.
Mr Hosi is also praying the court to order the defendants to pay compensatory damages of GH¢5 million for the injury to his character and integrity.
He is further praying the court to order the defendants to unconditionally retract the statement and offer an unqualified apology to him