The Cape Coast High Court 2 has today, Tuesday, 30th July, 2019, adjourned to 25th Oct, 2019, a case brought before it by Ex-parte Dr Kaakyire, Prof Mawutor Avoke, Dr Theophilus Ackorlie, Frank Boateng, Mary Dzimay and Ing Daniel Tetteh as 1st to 6th applicants against the University of Education, Winneba (UEW) challenging their dismissal.
At a court sitting presided over by Her Ladyship Justice Mills Tetteh (Mrs) who was set to give her ruling, counsel for the applicants Harold Atuguba brought to her notice an application that had been filed to provide additional information with the attachment of a certain Economic and Organised Crime Office (EOCO) report purported to have exonerated the five dismissed officers on 25th July, 2019. Counsel sought the relief of the court to serve the 2nd respondent or his counsel, Alex Afenyo Markin.
Counsel for 1st respondent Paa Kwasi Abaidoo in his argument held that even though he was served with the processes just before the commencement of sitting, he was prepared to move the case.
Counsel Abaidoo held that the leave to file for additional information before 25th July, 2019, was given to counsel for 2nd respondent but not the applicants’ counsel. He, therefore, could not appreciate the dramatic turn of events in which the applicants’ counsel is now the one filing this application for additional information.
He added that counsel for 2nd respondent was in court when the date for ruling was fixed. However, he had not given the court any official excuse as to why he was not in court today.
Counsel Abaidoo further held that he did not intend to go into the merits of the application for additional information but on the face of the records, the purported EOCO report shows that the University had not lodged any complaint to EOCO. It is clear in the first 2 paragraphs of the said EOCO report that the complaint was made by counsel for 2nd respondent Alex Afenyo Markin and the Minister of Education. He insisted that the record is a vindication of the position the University has held all this while, that it did not lodge any complaint with EOCO.
Counsel for the applicants, Harold Atuguba insisted that moving the case without serving the 2nd respondent with the new application for additional information would amount to breach of natural justice.
Counsel for applicant reasoned that the case had been pending before the court for over a year and so, it would not change anything if it is adjourned for the right thing to be done. Counsel therefore pleaded with Her Ladyship Justice Mills Tetteh to adjourn the case for the 2nd respondent to be served.
The Judge who was poised to deliver her ruling remarked that they are the same people that will go to the media to complain that the case has delayed.
The Judge however, adjourned the case to 25th July, 2019 for the motion to be moved.q7
*Avoke and Co run away from High Court ruling*
The Cape Coast High Court 2 has today, Tuesday, 30th July, 2019, adjourned to 25th Oct, 2019, a case brought before it by Ex-parte Dr Kaakyire, Prof Mawutor Avoke, Dr Theophilus Ackorlie, Frank Boateng, Mary Dzimay and Ing Daniel Tetteh as 1st to 6th applicants against the University of Education, Winneba (UEW) challenging their dismissal.
At a court sitting presided over by Her Ladyship Justice Mills Tetteh (Mrs) who was set to give her ruling, counsel for the applicants Harold Atuguba brought to her notice an application that had been filed to provide additional information with the attachment of a certain Economic and Organised Crime Office (EOCO) report purported to have exonerated the five dismissed officers on 25th July, 2019. Counsel sought the relief of the court to serve the 2nd respondent or his counsel, Alex Afenyo Markin.
Counsel for 1st respondent Paa Kwasi Abaidoo in his argument held that even though he was served with the processes just before the commencement of sitting, he was prepared to move the case.
Counsel Abaidoo held that the leave to file for additional information before 25th July, 2019, was given to counsel for 2nd respondent but not the applicants’ counsel. He, therefore, could not appreciate the dramatic turn of events in which the applicants’ counsel is now the one filing this application for additional information.
He added that counsel for 2nd respondent was in court when the date for ruling was fixed. However, he had not given the court any official excuse as to why he was not in court today.
Counsel Abaidoo further held that he did not intend to go into the merits of the application for additional information but on the face of the records, the purported EOCO report shows that the University had not lodged any complaint to EOCO. It is clear in the first 2 paragraphs of the said EOCO report that the complaint was made by counsel for 2nd respondent Alex Afenyo Markin and the Minister of Education. He insisted that the record is a vindication of the position the University has held all this while, that it did not lodge any complaint with EOCO.
Counsel for the applicants, Harold Atuguba insisted that moving the case without serving the 2nd respondent with the new application for additional information would amount to breach of natural justice.
Counsel for applicant reasoned that the case had been pending before the court for over a year and so, it would not change anything if it is adjourned for the right thing to be done. Counsel therefore pleaded with Her Ladyship Justice Mills Tetteh to adjourn the case for the 2nd respondent to be served.
The Judge who was poised to deliver her ruling remarked that they are the same people that will go to the media to complain that the case has delayed.
The Judge however, adjourned the case to 25th October , 2019 for the motion to be moved.
