The CEO of the Ghana Chamber of Bulk Oil Distributors, Mr. Senyo Hosi has filed a motion at the Accra High Court, seeking to reactivate a defamation suit he had previously filed against the Assin Central MP, Hon. Kennedy Agyapong.
Mr. Hosi had sued the MP in July 2017 for GHS5m in damages after the legislator accused him of bribery, in the peak of the alleged sale of contaminated fuel by the Bulk Oil Storage and Transportation (BOST).
The High Court, presided over by Justice William Bempong, however struck out the suit, over Mr. Hosi’s alleged dragging feet with regards to going ahead with the case. This followed an application by Hon. Kennedy Agyapong’s lawyers for the motion to be struck out for want of prosecution.
However, in this recent motion, Mr. Hosi has averred that he never delayed the case, indicating instead that it was Hon. Agyapong who did.
“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,”
“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 defendant/respondent 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”, portions of the motion reads.
He has also argued that his inability to be present in court on the day the motion was struck out was not deliberate.
“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.’