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Business News Fri, 27 Apr 2018

BOST, COPEC face off: ‘Go and correct your mistakes’ - court tells BOST CEO

The Chief Executive Officer (CEO) of the Bulk Oil Storage and Transportation (BOST) Company, Mr Alfred Obeng Boateng, has been ordered by the Labour Court in Accra to correct the mistakes in his defamation suit against the Executive Director of the Chamber of Petroleum Consumers Ghana, Mr Duncan Amoah.

In a defamation suit against the COPEC boss, Mr Boateng is claiming GH¢5 million from COPEC over allegations of death threats made against him.

Mr Amoah, in a motion, asked the court to strike out the writ of summons and statement of claim from BOST on the grounds that the plaintiff failed to provide the appropriate residential and business addresses pursuant to order 2 rules 3(2) of the High Court.

But, the court presided over by Justice Mrs Gifty Dekyem, refused the application on the premise that the whereabouts of the plaintiff in the case were not lost on the defendant.

According to the court, to achieve speedy and effective justice, avoid delays and unnecessary expense, and in the supreme interest of justice, plaintiff is ordered to, within 14 days, take steps to amend the writ with addresses, if known.

COPEC case

It was the case of Mr Amoah that the suit was full of irregularities.

In his interlocutory injunction, Mr Amoah contended that though the name of the workplaces of the parties had been indicated as BOST and COPEC respectively, the occupational and residential addresses of the parties had not been stated as required by the rule.

It was the case of the defendant that the word ‘shall’ having been used makes the provision of the addresses mandatory failing which the writ is void and ought to be set aside.

But, the court ruled that “there has not been any demonstration that the non-provision of the plaintiff’s addresses on the writ is also a breach of the constitution of the Republic of Ghana or of statutes other than the rules of natural justice.

“The non-provision of the addresses in this instant action is to be regarded as an irregularity, which does not result in nullity,” the court stated.

Background

On March 13, the CEO of BOST, through his lawyer, William Osei Kufuor, filed a suit at the High Court.

The plaintiff/applicant is praying the honourable court “for an order of injunction restraining the defendant/ respondent, 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 had co-opted, engaged, contracted or solicited the services of any person or persons to curse, insult, attack, threaten the life of the defendant or threaten to kill defendant in three days pending a final determination to this suit upon terms more particularly stated in the accompanying affidavit.”

The CEO also prayed the court to slap a GH¢ 2 million damages against the defendant for damaging his professional reputation; GH¢ 2 million for damaging his social reputation and GH¢1 million for the psychological trauma the death threat publication has had on him.

Source: abusuafmonline.com
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