By Beatrice Oppong
The Supreme Court has ordered the Assin North MP Richard Gyakye Quayson to respond to the suit seeking to stop him from performing his Parliamentary duties by March 16. The court also dismissed a preliminary objection raised by lawyer for the embattled MP Tsatsu Tsikata that the publication in the Daily Graphic was a Hearing Notice without any processes.
He also contended that a hearing notice which was also served on Solicitor for the MP, Terry Wajah without any processes flies in the face of the court’s order on February 22.
The Court on that day ordered the plaintiff to serve Mr Quayson with the Court processes through a substituted service which should be posted at his residence in Accra, the High Court at Assin Fosu, the Supreme Court and also a publication in the Daily Graphic. Mr Tsikata contended that only the hearing notice was published in the Daily Graphic, instead of the whole process as directed by the Court.
He argued further that the time was not ripe for hearing the case because per the Court’s order, the substituted service would take effect seven days after the publication in the Daily Graphic.
But the Court held that the essence of the substituted service is to bring to the attention of a party of a pending suit, and the court does not expect publication of all processes in the newspaper. The Court said a letter from Mr. Wajah acting as lawyer for the MP speaks for itself and therefore the substituted service has been duly served.
The purported letter from Mr Wajah as read in Court stated that he had been engaged as lawyer for the MP and in response to the publication in the Daily Graphic on February 26, 2022 requested copies of all Court processes. The hearing has been adjourned to March 16, 2022.
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