A Private Legal Practitioner Kwame Adofo has envisaged that the law suit filed against the Deputy General Secretary of New Patriotic Party (NPP) Nana Obiri Boahen, Brong Ahafo Youth Organiser Kwame Baffoe a.k.a Abronye DC and David Asante a communication’s member of NPP David Asante will suffer jurisdictional hurdle. According to him, the suit filed […]
The post Kofi Adams’ suit against Abronye DC, Obiri Boahen et al risks jurisdictional hurdle –Lawyer Adofo appeared first on Ultimate FM.
A Private Legal Practitioner Kwame Adofo has envisaged that the law suit filed against the Deputy General Secretary of New Patriotic Party (NPP) Nana Obiri Boahen, Brong Ahafo Youth Organiser Kwame Baffoe a.k.a Abronye DC and David Asante a communication’s member of NPP David Asante will suffer jurisdictional hurdle.
According to him, the suit filed in an Accra High court by the National Organizer of the opposition National Democratic Congress (NDC) is likely to hit the rocks describing it as ‘dead on arrival’.
Speaking to Ultimatefmonline.com, Lawyer Adofo explained that the three defendants do not reside in Accra where the case is expected to be heard.
He indicated that Abronye DC and Nana Obiri Boahen all reside in Brong Ahafo region and Mr Asante also stays in Kumasi, Ashanti region saying there is a misstep in filing the case in Accra.
The Private Legal Practitioner cited that the law states that defendants involved in cases should be sued at courts they reside or conduct businesses.
‘The lawsuit which appears to have been filed in Accra is going to face some serious problems in relation to the jurisdiction in which the matter was filed. The law says when you want to file an action against someone, it must be at the region/place where the person resides or conduct his/her business. Nana Obiri Boahen who we all know is a resident in Brong Ahafo, Abronye DC also conducts his business and resides there. My information is that the third defendant David Asante is a resident in Kumasi. In that case the only reasonable prospect of having the case being heard in Accra will be if they conduct their businesses in Accra. The question of whether or not the defendants conduct their businesses in Accra is an interesting one… Is Nana Obiri Boahen conducting his businesses in Accra, the answer clearly is no,’ he explained.
He questioned if Mr Adams and his lawyers will have the luxury of time to ply Kumasi or Sunyani road from Accra whenever the case is called.
‘In all likelihood, the case may have to be transferred to Brong Ahafo, and when it happens, is Mr Adams going to be commuting from Accra to Brong Ahafo, they would have to pray the court to transfer the case to another jurisdiction apart from Accra, which will either be Kumasi or Sunyani. I don’t want to say that they will lose but this is a technical hurdle that they will have to overcome,’ he envisioned.
By: Ghana/Ultimatefmonline.com/106.9FM
The post Kofi Adams’ suit against Abronye DC, Obiri Boahen et al risks jurisdictional hurdle –Lawyer Adofo appeared first on Ultimate FM.
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