By Perdita AGYARKO
The High Court in Accra (General Jurisdiction 1) has set aside a writ of summons filed by Osahen Alexander Kwamena Afenyo-Markin against Sammy Gyamfi in a high-profile legal battle.
The ruling, delivered by His Lordship Justice Akwasi Adjenim Boateng, cited the “non-particularisation” of the alleged defamatory words as the primary reason for setting aside the lawsuit (Suit No. GJ/1029/2026).
The legal setback stems from procedural rules requiring exact phrasing and detailed specifications when alleging defamation. Despite this development, legal counsel for Osahen Afenyo-Markin, Dehyena Chambers, confirmed in a press release dated October 14, 2026, that their client has given firm instructions to pursue the matter to its ultimate conclusion.
Defense Accused of Hiding Behind Technicalities
In a press statement signed by legal representative F. Paa Kwesi Abaidoo, Esq., the legal team expressed frustration over the strategy adopted by the defendant, Mr. Sammy Gyamfi. According to the statement, Mr. Gyamfi had previously made categorical public statements and openly dared the plaintiff to take legal action.
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… has chosen the path of procedural road blocks rather than file a defence,” the statement read.
The chambers argued that instead of addressing the core merits of the case by filing a substantive defense, the opposition opted to exploit procedural loopholes.
“Justice Should Not Be Sacrificed on Technicalities”
Addressing the court’s decision, Dehyena Chambers referenced Ghanaian civil jurisprudence and Supreme Court authorities regarding procedural non-compliance, specifically citing Order 81 of C.I. 47. The firm asserted that procedural irregularities are legally curable, maintaining that equity prioritizes substance over mere formal errors.
Quoting a fundamental principle of equity, the law firm emphasized:Justice should not be sacrificed on the altar of technicalities.”
