An Accra high court has thrown out an interlocutory application filed by Duncan Amoah, executive secretary of Chamber of Petroleum Consumers (COPEC) against the managing director of Bulk Oil Storage and Transportation (BOST), Alfred Obeng Boateng.
The two are locked up in a defamatory suit at the court over allegations that Mr. Boateng had contracted some people to kill him (Amoah) in three days.
Even before the substantive case is heard, Martin Kpebu, lawyer for Amoah, filed the application praying the court to set aside the writ of summons and statement of claim based on technicalities.
It is the case of the lawyer that Mr. Boateng failed to provide the appropriate residential or business address on his suit against his client.
But Osei Kuffuor William, lawyer for the BOST MD, prayed the court to allow them to amend the writ to reflect the addresses.
The court, presided over by Justice Mrs. Gifty Dekyem, threw the application out on grounds that the whereabouts of Mr. Boateng is not lost on Amoah as he was able to serve the BOST MD with the motion.
The court therefore, ordered lawyer for Mr. Boateng to within 14 days take steps to amend the writ with his address if known “in order to achieve speedy and effective justice, avoid delays and unnecessary expenses and in the supreme interest of justice”.
Mr Alfred Obeng Boateng and Mr Duncan Amoah have been in a tussle of a sort after the latter had accused the former of causing financial loss in excess of GH¢30 million from a transaction BOST had with an unlicensed company – regarding the sale of 1.8 million barrels of crude oil.
Amoah also alleged that the BOST MD threatened to kill him within three days.
But Mr.Obeng has described the allegation as “childish, baseless, fallacious and untrue just to tarnish my image.”
He has subsequently sued Amoah for US$5 million and is also asking the court for an order of injunction restraining the “executive secretary of COPEC, his agents, assigns, workmen and all persons claiming through or under him from further publishing or broadcasting any word or words or images in any manner whatsoever to the effect that plaintiff (BOST MD) had co-opted, engaged, contracted or solicited the services of any person or persons to curse, insult, attack, threaten the life of the defendant (Mr Amoah) or threatened to kill defendant in three days, pending the final determination of this suit upon the terms more particularly stated in the accompanying affidavit.”
The suit is also seeking any other orders that the court may deem fit and just.
BY Gibril Abdul Razak