Mr Robertson Kpatsah, Counsel for Alfred Agbesi Woyome, the businessman involved in the GH¢51 million judgment debt controversy, on Tuesday said they had appealed against the Commercial Court’s ruling for the state to file an amendment to the motion before it.
In addition, they had filed another motion at the Court of Appeal to order the Commercial Court hearing the matter to stay proceedings pending the final determination of the appeal on April 18.
On January 16, the former Attorney General and Minister of Justice, Mr Martin A.B.K. Amidu, filed an affidavit to amend an earlier writ praying the court to set aside a consent judgment awarded to Woyome, which the A-G alleged was procured through fraud.
He said new information that had come to the AG’s attention required an amendment to the writ of summons and statement of claim filed on August 18, 2010.
Mr Amidu in his amended writ said it had come to the AG’s attention that Woyome lacked the legal capacity to maintain his claim against the A-G because there was no contract between Woyome and the government upon which Woyome could have maintained any cause of action in the suit.
Mr Kpatsah explained that they are appealing against the ruling because there had been an error in law and miscarriage of justice which had to be corrected.
He therefore, prayed the Commercial Court hearing the case to adjourn the matter sine die.
However, Mrs Justice Barbara Achah-Ayensu, the trial judge, said the Commercial Court could not adjourn the case sine die but would give the defence enough time to pursue their appeal and later brief it about the outcome.
Mrs Dorothy Afriyie Ansah, Chief State Attorney, said even though they were not opposed to the application filed by the defence at the Appeal Court, they had still not filed any responses to the Attorney General’s amended motion as ordered by the Commercial Court.
She said the defence had not served the AG with any motion for stay of proceedings and that the only document presented to them was the change of Woyome’s solicitors.
The court subsequently adjourned the case to April 24.