THE COURT of Appeal where the appeal of Alfred Agbesi Woyome, concerning his GH¢51, 283,480.59 judgment debt, is being heard, yesterday adjourned the matter sine die.
This was after the state, led by Dorothy Afriyie Ansah and Osarfo Buabeng, counsel for Woyome, had both informed the court that they had not seen all the processes filed in the matter.
Osarfo Buabeng informed the three-member panel made up of Justice F. Kusi-Appiah, presiding, Justice K.A. Acquaye and Justice Irene Charity Danquah, that he had filed a supplementary affidavit in support to his application for a stay of proceedings at the High Court.
Counsel informed the court that he filed it on Tuesday and therefore had not served the state attorney but only showed it to her in court.
The state attorney similarly informed the court that she had also filed an affidavit in opposition but also showed it to counsel in court.
The judges then adjourned the matter for both parties to properly serve each other with copies of processes filed.
The embattled NDC bankroller had filed an appeal at the Court of Appeal, challenging a ruling by an Accra Commercial Court which granted the Attorney-General the opportunity to amend a writ that intends to seek refund of GH¢51, 283,480.59 paid to him as judgment debt.
In addition, Woyome filed for a stay of proceedings to restrain the lower court from hearing the matter between him and the AG till final determination of the appeal.
Woyome, per his motion, prayed the court of appeal to stay proceedings at the Commercial Court because in the event that he succeeded on his appeal, the evidence that would otherwise be led on the reliefs would prejudice the fair hearing of the matter, thereby causing him substantial miscarriage of justice.
Narrating what prompted his action, Woyome said on July 27, 2010, the AG instituted an action against him, seeking a declaration that the agreement reached with him for the payment of GH¢51,283,480.59 in three equal installments was arrived at by mistake as well as other declarations or consequential orders the court might deem fit.
On August 18, 2010, the AG amended its writ and included as part of reliefs an order setting aside the consent judgment filed in the registry on grounds that it was procured through a mistake.
Although Woyome filed his statement of defence and a counter claim, looking forward for the AG to move its motion, the AG went to sleep until January 2012 when it again filed a motion to seek leave of the court to amend its writ on issues of fraud allegations leveled against him.
In the said application, the AG had sought nine additional reliefs.
Woyome responded by filing an affidavit in opposition and conceded that the AG could raise the issue of fraud but could not canvass any other issue or relief since that would re-open matters concluded in the consented judgment.
Following these arguments, the trial judge ruled in February 2012, granting AG leave to amend the proposed writ on terms specified in the AG's motion paper and supporting affidavit.
Woyome believed that Justice Barbara Ackah Yensu, the Commercial Court judge, erred in law by granting the amendment which canvassed further grounds in addition to the allegation of fraud.
The move to amend the writ was initiated by former Minister for Justice and Attorney-General, Martin Amidu, who was sacked by the President a few days after taking the initiative.
By Mary Anane