Accra, Aug. 13, GNA – A Fast Track High Court (FTHC) in Accra would on August 20, rule on whether or not to grant a stay of execution application filed by the embattled Member of Parliament (MP) for Bawku Central, Mr Adamu Daramani.
The FTHC on July 15, 2009 entered a default judgment against Mr Daramani and declared that he should vacate his seat because he owed allegiance to Britain rather than Ghana and he could therefore not be an MP in Ghana.
The court further threw out an application for leave to enable him to file his defence.
Appearing before a different court FTHC on Thursday, Mr. Yonni Kulendi, who moved the motion on behalf of the MP, argued that the default judgment could not stand the test of time because it was not obtained on merit.
According to Mr Kulendi the court erred in law when it gave declarative relief, adding that the relief could only be obtained after evidence had been led.
According to him the application had the chance of succeeding. Mr Raymond Atugubah, counsel for the plaintiff, contended that Mr Daramani could not state reasons for his delay in filing his defence. Mr Sumaila Biebel, a cattle farmer, commenced the action seeking a declaration that Mr Dramani should be ordered to vacate his seat because he was a British national and did not qualify to be an MP. The MP, who had 14 days to file his defence in respect of the matter, failed to do so after entering appearance.
The judge, after listening to both counsel, dismissed the motions contending that Mr Dramani was not been able to satisfy him as why he delayed in filing his defence and awarded cost of GH¢1,000 against him.
Meanwhile, an application filed by the MP challenging the FTHC’s jurisdiction over the matter at the Court of Appeal has been struck out for want of prosecution. 13 Aug. 09
Source: GhanaWeb
