The Human Rights Division of the High Court, Accra today dismissed an application at the instance of Dr. Michael Kpessa Whyte and his co-defendants seeking an order of the court to strike out a case that has been brought against him, the Attorney General and 10 others.
Edudzi Tamakloe, Counsel for Kpessa Whyte filed the application to strike out the writ of summons filed by Ekow Vincent Assafuah Jnr, NASPA President and two other National Service Personnel Association (NASPA) executive members.
When Lawyer Tamakloe stood to move his application, Counsel for the NASPA executive Egbert Faibille Jnr rose to his feet and informed the court that he had a preliminary legal objection to the application.
He then proceeded to argue that Dr Kpessa Whyte’s application to strike out his clients’ writ should not be entertained as it was incompetent.
He submitted that on Dr. Kpessa Whyte and co being served with the writ, they entered conditional appearance, which process did not entitle them to apply to set aside the writ he quoted case law to back his contention.
Lawyer Tamakloe responded that his clients had the right to bring the application for which reason the court should dismiss Mr. Faibille Jnr’s application.
In its ruling, the court, presided over by Justice Kenneth Okwabi upheld Mr. Faibille Jnr’s submissions and dismissed the application and adjourned the case to 14th April, 2015 to hear a pending injunction application against Dr. Kpessa Whyte and his co-defendants.
By this ruling, Dr. Kpessa Whyte and co are expected to file their defence for the case to take its normal course.
The Plaintiffs, all members of OccupyGhana Students Movement have sued Dr. Kpessa Whyte and co for interference in NASPA affairs by way of attempting to install new NASPA executive when congress is yet to be held to elect new executive.
Yours in the service of occupying minds and hearts for God and country.
Source: Occupy Ghana