The presiding judge, Justice Rev. Fr. Joseph Adu Owusu Agyeman, gave the go-ahead despite Barker-Vormawor failing to meet the deadline twice before his court appearance on January 9, 2024.
In a report filed by thelawplatform.online, he explains that the lead lawyer for Barker-Vormawor, Dr. Justice Srem-Sai, informed the court that they were prepared to file the defense but encountered a setback.
According to Dr. Srem-Sai, the typed defense document got lost on their computer. He assured the court that the defense would be filed along with a counterclaim against the suit brought by Kan-Dapaah.
Additionally, Dr. Srem-Sai revealed that a stay on the proceedings had been filed, pending an appeal against a ruling on December 14, 2023, which denied an application to dismiss the defamation suit.
This revelation came in response to the court's business for the day, which was a ruling on Kan-Dapaah's application for judgment in default of defense.
In a counterargument, Kan-Dapaah's lawyer, Bright Okyere-Agyekum, asserted that the stay application should not hinder the court from proceeding with the scheduled ruling.
He maintained that the application for judgment in default of defense should proceed independently.
Justice Rev. Fr. Owusu Agyeman, decided to grant Barker-Vormawor more time to file his defense.
The judge expressed the belief that there was no need for a default judgment, as it could be set aside in two weeks.
He also emphasized his willingness to grant an application to set aside a default judgment sought by Kan-Dapaah.
However, Okyere-Agyekum reminded the court of Barker-Vormawor's earlier failure to comply with court orders to file his defense on November 29, 2023, and December 14, 2023, arguing that providing another opportunity might not guarantee the submission of the defense.
The court, in its order, granted a third opportunity to Barker-Vormawor to respond to Kan-Dapaah's claims, imposing a cost of GH¢3000 against him.
The return date was set for January 23, 2023.
The legal dispute stems from Barker-Vormawor's claim that Kan-Dapaah attempted to suppress activism within the FixTheCountry movement by offering him $1 million.
He explained that he allegedly possessed an audio recording of the meeting, and Barker-Vormawor pledged to make it public. In response, Kan-Dapaah deemed the statements defamatory, leading to legal action.
AM/SARA
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Albert Kan -Dapaah and Oliver Barker-Vormawor