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The High Court in the case of OSAHEN ALEXANDER AFENYO-MARKIN v. SAMUEL ADU GYAMFI & ANOR [TLP-HC-2026-58] on the 14th day of October, 2026 set aside the writ of summons and statement of claim and all other processes mounted on the said writ.
His Lordship Justice Kwasi Adjenim Boateng, (J.) of the General Jurisdiction 1 division of the High Court known for the efficient management of proceedings of his court and an antennae for technicalities resisted the arguments of the learned Paa Kwasi Abaidoo seeking to suggest to the Court that the endorsement of particulars of defamation in the statement of claim and not form 1 under C.I 47 was to be seen as endorsement on the writ owing to the meaning of a writ under Order 82 of C.I 47.
Justice Adjenim Boateng held the view, upholding the arguments of the Applicant who was represented by the learned Seth Nyaaba that, defamation claims are specially delineated under the rules with special rules. It was therefore incumbent, as a precondition for the issuance of the writ that per Order 57 Rule 2, the particulars of defamation be indorsed specifically on the writ of summons, that is, form 1 under C.I 47.
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