Former Inspector-General of Police David Asante-Apeatu has filed a notice of discontinuance of a defamation action he filed against embattled Net2 Tv radio host.
This comes at the back of the comments by the presiding High Court judge, Ekow Baiden J that lawyers for the ex IGP “did not know the people they were dealing with”. Last week, Justice Baiden refused to allow lawyers for the ex IGP to move a motion in default of defence although the defendant and his lawyers had been served and a proof of service on the docket. The judge adjourned the case to 13 December and ordered lawyers for the plaintiff to serve a hearing notice on the defendant-Justice Kweku Anan of Net2 Television personally.
This was the second time that the former IGP’s lawyers had attempted to move a motion for default of appearance and defence. The defendant has since the writ was filed in July 2021 refused and or neglected to appear or respond to the writ until October when lawyers for the plaintiff filed for judgment in default of appearance. But after entering appearance in October, defendant continued to neglect and or refused to file a defence forcing lawyers for the former IGP to apply for judgment in default of defence.
When the case came up for hearing yesterday 13 December 2021, counsel for Mr. Asante-Apeatu, Sammy Darko informed the court that his client had filed a notice of discontinuance as of Wednesday 9 December 2021 in accordance with order 17 rule 2(1) of the rules of court and no longer wished to continue. The rules of court allows for a plaintiff to withdraw his or her case before a judge without leave of the court if the defendant fails and or neglects to file a defence or even after service of a defence on the plaintiff. The judge responded by saying that he had not seen the process mentioned by counsel on the court’s docket and for that reason he could not deal with it. Counsel therefore offered his copy of the notice of discontinuance for the benefit of the judge but the judge refused to collect it or take notice of it. According to Justice Baiden, his order on 7 December 2021 for personal service of a hearing notice on the defendant by Plaintiff’s Counsel was not welcomed by the Counsel for Plaintiff and that was what resulted in a newspaper publication which the judge stated he had taken judicial notice of it and on that basis, he was recusing himself from the case and that the Chief Justice would give a directive on it. Several attempts by Counsel for plaintiff to be heard on record was ignored by the judge. He ordered counsel to sit down and called his next case. The former IGP, Asante-Apeatu appeared in court personally to ensure the discontinuance.
