Dzifa Gunu files notice of conditional appearance in Anyidoho's GH¢10m defamation suit

The defendant in the GH¢10 million defamatory suit filed by Koku Anyidoho, the Founder of Atta-Mills Institute, Dzifa Gunu has filed to notice of entry of conditional appearance.

This comes after the plaintiff, Koku Anyidoho successfully through a Court’s Order for Substituted Service, served a GH¢10 million defamatory suit on Dzifa Gunu, through the Daily Graphic.

Mr. Anyidoho on January 28, 2021, filed a suit against Dzifa Gunu at a Tema High Court following his allegations against him.

Mr. Anyidoho in his statement of claim said Dzifa Gunu who is an activist of the National Democratic Congress on January 16, 2021, made a post on Facebook in which he sought to cast his character and image into disrepute.

He said the NDC activist in the Facebook post accused him of making several attempts on the life of former President John Mahama including visiting shrines in Benin to kill him.

Mr. Anyidoho further alleged that Dzifa Gunu accused him of killing his eight-year-old daughter.

“On 16th January 20201, the defendant published an article on his Facebook page casting serious insinuation on the integrity of the plaintiff and by the said publication the defendant made serious defamatory statements concerning the plaintiff."

“Furthermore the defendant made serious defamatory statements concerning the plaintiff to wit (the plaintiff has made several attempts on the life of former President John Dramani Mahama visiting shrines in Benin and Togo to cause the premature death of former President John Dramanai Mahama) a fact he knew was untrue."

“Plaintiff says the defendant made a categorical statement that plaintiff caused the death of his 8-year-old daughter who passed away on 7th November 2020,” excerpts of Koku Anyidoho’s statement of the case read

However, the defendant could not be served after several attempts were made.

Mr. Anyidoho then instructed his lawyers to file a substituted service which the court granted.

The lawyers, Awuku-Asabre Law Consult published on Tuesday, February 23, 2021, edition of the Daily Graphic published the Order for Substituted Service of the suit.

The defendant was instructed by the court to within eight days after service of the writ including the day of service cause an appearance to be entered for him.

The defendant has was asked to take notice that in default of causing an appearance, the court may give a judgement on the matter in his absence without further notice to him.

He has since filed a notice of entry of conditional appearance through his lawyer Godwin Edudzi Tamakloe.

Meanwhile, the plaintiff, Mr. Anyidoho is asking for damages in the sum of GHC10 million for the defamatory statements posted by the defendant on his Facebook page.

He is also among other things seeking a perpetual injunction restraining the defendant from publishing further defamatory materials about him.

Per the conditional appearance, the defendant has not entered a full appearance and has not stated that his client has a defence.

The window is opened for 14 days after which summary judgment shall be given on the assumption that a full appearance was entered.