The defendant in the GH¢10 million defamatory suit filed by Koku Anyidoho, the Founder of Atta-Mills Institute, Dzifa Gunu, has filed a notice of entry of conditional appearance.
This comes after the plaintiff, Mr Anyidoho successfully, through a court’s order for substituted service, served a GH¢10 million defamatory suit on Mr Gunu, through the Daily Graphic.
Mr Anyidoho on January 28, 2021, filed a suit against Mr Gunu at a Tema High Court following his allegations against him.
Mr Anyidoho, in his statement of claim, said Mr Gunu, who is an activist of the National Democratic Congress (NDC) on January 16, 2021, made a post on Facebook in which he sought to cast his character and image into disrepute.
He said the NDC activist in the Facebook post accused him of making several attempts on the life of former President John Mahama including visiting shrines in Benin to kill him.
Mr Anyidoho further alleged that Mr Gunu accused him of killing his eight-year-old daughter.
“On 16th January 20201, the defendant published an article on his Facebook page casting serious insinuation on the integrity of the plaintiff and by the said publication the defendant made serious defamatory statements concerning the plaintiff.
“Furthermore, the defendant made serious defamatory statements concerning the plaintiff to wit (the plaintiff has made several attempts on the life of former President John Dramani Mahama visiting shrines in Benin and Togo to cause the premature death of former President John Dramanai Mahama) a fact he knew was untrue.”
“Plaintiff says the defendant made a categorical statement that plaintiff caused the death of his eight-year-old daughter who passed away on 7th November 2020,” excerpts of Mr Anyidoho’s statement of the case read.
However, the defendant could not be served after several attempts were made.
Mr Anyidoho then instructed his lawyers to file a substituted service which the court granted.
The lawyers from Awuku-Asabre Law Consult published on Tuesday, February 23, 2021, edition of the Daily Graphic, the Order for Substituted Service of the suit.
The defendant was instructed by the court to within eight days after service of the writ, including the day of service, cause an appearance to be entered for him.
The defendant was asked to take notice that in default of causing an appearance, the court may give a judgement on the matter in his absence without further notice to him.
He has since filed a notice of entry of conditional appearance through his lawyer Godwin Edudzi Tamakloe.
Meanwhile, the plaintiff, Mr Anyidoho is asking for damages in the sum of GHC10 million for the defamatory statements posted by the defendant on his Facebook page.
He is also among other things seeking a perpetual injunction restraining the defendant from publishing further defamatory materials about him.
Per the conditional appearance, the defendant has not entered a full appearance and has not stated that his client has a defence.
The window is opened for 14 days after which summary judgement shall be given on the assumption that a full appearance was entered.
When I woke up today, I knew the day shall end well for me. Dzifa Gunu has had no option but to surface in the 10M GHC defamatory suit I filed against him. We shall meet in court. The Supreme Court too is going to speak with a loud voice this morning. Truth shall reign 🙏🙏🙏 pic.twitter.com/vH2WMXOth0— Samuel Koku Anyidoho🇬🇭 (@KokuAnyidoho) March 4, 2021