GRi In Court 29-01-99

Kumasi (Greater Accra), 29 Jan.

A Kumasi High Court has adjourned proceedings in a libel suit filed by Nana Akwasi Agyemang, Kumasi Metropolitan Chief Executive against Mr Ebo Quansah, Editor, and Mr Dominic Jale, Reporter, both of the 'Ghanaian Chronicle', for 500 million cedis damages, to Thursday, February 18. The court, presided over by Mr Justice A. K. Abada, was adjourned to enable it to give its ruling on whether the Court has the jurisdiction to hear the case, or it should be transferred to a High Court in Accra. This follows an application by Mr Akoto Ampaw, Counsel for the defendants, that the Court is not properly constituted to hear the libel suit because both defendants reside in Accra where they also carry out their business. Mr Akoto Ampaw said Mr Jale was formerly residing in Kumasi but there was a threat on his life by the plaintiff, so the management of the newspaper transferred him to Accra in July last year. Defence Counsel contended that General Portfolio, publishers of the newspaper, were not parties to the suit, while the defendants were sued in their individual capacities.

Quoting authorities to support his application, Mr Akoto Ampaw said it is only in some specific cases that the court has to exercise its discretion and determine what in its view is the most convenient place for the hearing of cases. "It is only in cases where more defendants are resident in different regions that the court can exercise its discretion", he added. Mr Francis K. Mensah, Counsel for the plaintiff opposed to the transfer of the case to an Accra High Court because the publishers of the newspaper have an office at Asafo, Kumasi. He said the second defendant, Mr Jale, was residing in Kumasi until he was transferred to Accra in July last year and denied that his client threatened his (Jale's) life, adding that, "my client does not know the second defendant nor has he met him (defendant) before". Mr Mensah contended that the subject matter before the Court is based in Kumasi, notably the Kumasi Metropolitan Assembly (KMA) and the assembly's workshop, and the court may have to move to the site for observation in the course of the case.

Counsel said the plaintiff has the legal right to commence the action in Kumasi, and additionally he has the option as to where to commence the action. He submitted that the application by defense counsel must therefore not to be entertained. Nana Akwasi Agyemang, last month filed a writ at the court for 500 million cedis damages against the defendants for libel for publishing in the November 20-27, 1998 edition of the Ghanaian Chronicle that he had diverted 10 new Jumbo tyres, belonging to the KMA's earth moving grader.

The publication stated that the tyres were mysteriously removed days after they had been fitted and the publication did not only seriously or severely injure his credibility and reputation as the Kumasi Metropolitan Chief Executive, but his respected position as a royal of the Golden Stool of Ashanti. The KMA boss said the publication also brought him (plaintiff) into scandal, odium, hatred, ridicule, contempt and imputed criminality to his position. The writ also seeks an order of perpetual injunction to restrain the defendants, their agents and reporters from further publishing the said publication or any similar libel of and concerning the plaintiff which is false. In his statement of claim, Nana Akwasi Agyemang said the newspaper published that the plaintiff fitted four of the Jumbo tyres to a grader and ordered that the remaining six be sent to Mankranso in the Ahafo-Ano South District. It said the plaintiff is using his construction company to execute a multi-billion cedis contract in the district and used them to replace the worn out tyres on his grader.

The statement said the publication stated that the plaintiff caused the removal of all the new tyres on the MA's grader and conveyed them in a blue double-decker pick-up, an official vehicle of the KMA's budget officer, to a second grader belonging to the plaintiff working on a contract at Bomfa near Konongo. Nana Akwasi Agyeman denies all these allegations, the statement said.

Prof Akua Kuenyehia, dean of the faculty of law of the University of Ghana, Legon, has said customary marriages can be dissolved by the courts with the necessary reliefs like marriages contracted under the ordinance. Ordinance marriage can however not be dissolved customarily.

Prof. Kuenyehia was speaking on "divorce and matrimonial causes", at a three-day workshop at Ho for about 30 legal literacy volunteers in the Volta region.

The workshop is under the auspices of the Netherlands Development Organisation and the Ghana branch of women in law and development.

She said customary dissolution of marriages is hardly followed by the enforcement of the reliefs prescribed adding that the courts will only grant divorce when a couple cannot be reconciled.

On grounds for divorce, the university don mentioned infidelity, impotence, inability of the couples to have children and violence such as excessive jealousy, withholding of financial support and desertion. Desertion can occur even when couples live together but do not talk to each other, Prof Kuenyehia said.

Prof Kuenyehia explained that desertion for two continuous years is enough period to seek divorce, but pointed out that this will require the consent of both parties. Desertion for five continuous years, however does not require the consent of the other party before the marriage can be dissolved, she said. The Law Professor stated that once divorce proceedings begin, properties acquired during the marriage come under the protection of the court and cannot be disposed off. She explained that the apportioning of properties by the courts in Ghana is however not automatic, as the one seeking the divorce will have to prove that the properties were jointly acquired. Prof Kuenyehia advised women not to succumb to intimidation by their husbands during strained relations or they would lose their marriage rights . She asked advocates of women's rights to point out the wrongs of women because women are as equally involved as men in infringing the rights of others. Other topics to be treated at the workshop are sexual offences, administration of estates, the children's bill and constitutional rights relating to women.

Tema (Greater Accra), 29 Jan.

Captain Philip Agboyeme (rtd), presiding over a Tema community tribunal yesterday, deplored the practice of chiefs allowing thugs in the name of "asafoatseme" or their subjects to create confusion, thus disturbing the peace.

"The enlistment of thuggery in the name of asafoatseme to create confusion should not be encouraged", Capt Abgoyeme said.

The tribunal chairman said this before he granted a bail of two million cedis to each of the 13 persons, including the chiefs of the two factions of the Tema Manhean chieftaincy dispute.

The bail is to be justified and the respondents were requested to appear before the tribunal again next Monday, February First.

The chiefs are Nii Adjetey Kraku the third and his six supporters and Nii Adjei Kraku the second with his five supporters.

Nii Adjetey Kraku agreed with the tribunal that he and Nii Adjei Kraku be bonded to be of good behaviour to maintain peace in the area. "This practice is a disgrace to the occupants of stools because chiefs who are expected to maintain discipline among their subjects are themselves involved in undisciplined acts. Such practice sends a signal of violence", Captain Agboyeme said.

Assistant superintendent of police Michael Yirenkyi said that a case on protracted chieftaincy disputes between the two factions at Tema Manhean is before the Supreme court.

He said on January 22, following a report that Nii Adjetey Kraku was going to hold a press conference the following day, and realising that there would be the breach of the peace, the regional police commander invited the two faction chiefs separately for discussions.

Mr Yirenkyi said Nii Adjetey Kraku was advised to relocate the venue for the conference while Nii Adjei Kraku was cautioned against causing confusion.

He said while the discussion was going on, police had information that a fight had broken out between the two factions, resulting in the slashing of Nii Anang Pitinkrah, an asafoatse of Nii Adjei Kraku's faction, and the caning of Mr Kofi Tay, a journalist, who received severe lacerations on his body.

According to Mr Yirenkyi this infuriated Nii Adjei Kraku's faction who went in for cutlasses.

Respondents from Nii Adjei Kraku's faction are asafoatse Odortor, Nii Shiipi Armah, asafoatse Kosuku, Nii Dzata and asafonye Naa Tgru while those from Nii Adjetey Kraku's faction are Mensah Kraku, Tetteh Ogana, Atta Moretime, Mensah Kpone, Naawubu Mensah and Daama.