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Afenyo-Markin to appeal High Court ruling setting aside defamation suit against Sammy Gyamfi

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Lawyers representing Osahen Alexander Kwamena Afenyo-Markin have announced plans to pursue legal action to its logical conclusion after the High Court, General Jurisdiction 1, set aside a defamation writ filed against Mr Sammy Gyamfi.

The court, presided over by His Lordship Justice Akwasi Adjenim Boateng, set aside the writ on the grounds of non-particularisation of the alleged defamatory words attributed to Mr Gyamfi.

In a press statement issued on Wednesday, October 14, 2026, by Dehyena Chambers, legal counsel for Mr Afenyo-Markin expressed concern over Mr Gyamfi’s reliance on procedural technicalities rather than defending the suit on its merits.

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“We find it curiously troubling that Mr Sammy Gyamfi, who made categorical allegations against Osahen Alexander Kwamena Afenyo-Markin, and publicly claimed to have evidence to substantiate them, and further challenged Osahen to sue, has chosen the path of procedural road blocks rather than file a defence,” the statement said.

The law firm maintained that procedural irregularities remain curable under Ghanaian civil jurisprudence, citing Supreme Court authorities and Order 81 of C.I. 47. Counsel emphasised that equity prioritises substance over form, noting that “Justice should not be sacrificed on the altar of technicalities”.

Legal counsel indicated that as of 4:00 p.m. on Wednesday, the Court Registry was yet to supply a formal copy of the ruling. The team stated it remains undeterred by the outcome and awaits the official document to determine its next legal steps, adding that “The Mills of Justice grind slowly, but with great surety”.

Background

The High Court (General Jurisdiction 1) in Accra on Wednesday, October 14, 2026, dismissed a GH¢15 million defamation lawsuit filed by Minority Leader Alexander Afenyo-Markin against Sammy Gyamfi, Chief Executive Officer of the Ghana Gold Board, and Multimedia Group Limited.

The court, presided over by the bench, set aside the plaintiff’s writ of summons and statement of claim filed on August 24, 2026, declaring the originating process incurably defective, incompetent, and incapable of invoking its jurisdiction.

The legal action followed statements made by Mr Gyamfi on JoyNews’ Newsfile, where he labelled Mr Afenyo-Markin an extortionist after the Minority Leader demanded accountability over reported financial losses at the Gold Board. In response, Mr Afenyo-Markin initiated suit number GT 1029/2026, seeking GH¢15 million in damages, a retraction, an apology, and a perpetual injunction.

Delivering the judgment, the court held that under Order 57 Rule 2 of C.I. 47, a writ issued in a libel suit must be properly endorsed with sufficient particulars of the allegedly defamatory publication. The judge emphasised that compliance with specialised rules governing specific categories of legal actions is a mandatory procedural obligation rather than a mere technicality.

Distinguishing the matter from Owusu Domena v Amoh, where a defect was cured because the defendant participated in the trial without objection, the court noted that counsel for Mr Gyamfi entered a conditional appearance and promptly challenged the writ.

Citing Coleman v Newmont and applying Order 57 Rules 2 and 3(1) of C.I. 47, the judge ruled that details in the statement of claim could not remedy the defective endorsement, striking out the action in its entirety with no costs awarded.

By: Rainbowradioonline.com/Ghana

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