JUSTICE FRANCIS Yaonansu Kpegah, who was thrown out by an Accra Motions Court for bringing a frivolous action against Nana Addo Dankwa Akufo-Addo, presidential candidate of the New Patriotic Party (NPP) in the December 2012 general elections, has bounced back with a fresh action.
Justice Kpegah, who appeared in court personally on February 2, 2013 when his suit was thrown out, has for the second time filed a new writ in which he is making fresh claims that Nana Addo Dankwah Akufo Addo is not a lawyer.
Counsel for the NPP lawyer, who admitted being served with the suit yesterday, however, appeared before an Accra Fast Track High Court, presided over by Justice K.A Ofori-Atta, with an exparte motion to seek leave of the court to serve the retired Supreme Court judge with copy of their response by substituted service.
Emmanuel Darkwa, the lawyer, in moving the exparte motion, informed the court that they were having difficulties in serving him (Kpegah) with a copy of their response.
According to the lawyer, the retired judge has been avoiding service of their affidavit in opposition in which they had asked the court to dismiss the action because it was frivolous and abuse of the court?s processes.
The trial judge granted the application for Justice Kpegah to be served through substituted service meaning the defendant, Nana Addo, could now paste a copy of the response on the high court notice board and also on Justice Kpegah?s house to show that he had been served.
If Justice Kpegah fails to show up in court on the date of hearing yet to be scheduled, the court may go ahead to give judgment after the defence has argued the case.
Justice Kpegah, a leading member of the ruling National Democratic Congress (NDC), in his earlier writ made claims that Nana Akufo-Addo was ?not entitled to practice law in Ghana,? and also wanted the authorities to close down the law firm Akufo-Addo, Prempeh and Co, established by the NPP 2012 candidate, which arguably is one of the best in the country.
According to Justice Kpegah, Nana Addo Dankwa Akufo-Addo was impersonating a certain William Addo Dankwa Akufo-Addo
In the ruling against Justice Kpegah, in the first instance, Justice Cecilia Hanson Sowah, the trial judge struck out the matter because the retired judge failed to plead facts to his allegation.
Justice Sowah held that Justice Kpegah did not provide any fact or detail of the said WAD Akufo-Addo which he alleged that the NPP candidate was impersonating.
According to Justice Sowah, if the retired Supreme Court judge had done a diligent search, he would have found out that Nana Addo Dankwa Akufo-Addo was the one and the same person as WAD Akufo-Addo, who is in the roll of lawyers as Number 1190 and called to the bar on July 8, 1975 after stating that ?it is a person who is called to the bar and not a name?.
Justice Sowah, who observed that the plaintiff (Kpegah) had not challenged the fact that Nana Addo Dankwah and WAD Akufo-Addo was referring to the same person, quizzed the basis on which the allegation stood and accordingly dismissed the action as being frivolous and vexatious.
Source-Daily Guide
