Lawyers of Kumawood actor Kwadwo Nkansah, popularly known as Lil Win, have told the High Court in Accra that they are willing to have the GHc5 million defamation lawsuit against him settled out of Court.
This latest development comes on the back of a breakdown of an earlier agreement last year to have the matter settled when the High Court previously constituted had adjourned for them to file their terms of settlement.
Though the previous settlement terms were agreed in principle, Lil Win, who is the defendant, failed to append his signature to what was agreed on, leading to the case being back in court to take its normal course.
Actress Martha Ankomah filed a GHc5 million defamation suit against Lil Win over alleged disparaging comments he made about her in public.
When the case was called before a new judge, Justice Halimah El-Alawa Abdul Basit, lawyers for the Defendant, led by Margaret Adjei-Twum, while updating the Court on the matter, said her client is “amenable to settlement” despite an initial breakdown in a similar process.
“We are still amenable to settlement,” Counsel for the Defendant indicated, adding that, “Thankfully, we have chanced upon someone respectable to the parties to mediate.”
Counsel had earlier said, Certain events had taken place over the matter, and the case was to be to adjourned, however, “we came into the matter after the evidence of the plaintiff had been taken.”
Counsel for the Defendant said their prayers to the High Court and the Court of Appeal to have the case moved to Kumasi have both been dismissed. But, “We are at the Supreme Court for Stay of Proceedings.”
Part-heard case
Lawyers for the Plaintiff, led by Nii Appatu-Plange, said the matter is a part-heard case and the business for today (Monday, March 9), is to adopt proceedings of the previous judge and continue.
While opposing the adoption of the proceedings, Counsel for Lil Win said, “We have a date to appear before the Supreme Court on March 31.”
She said, “The outcome of the proceedings of the Supreme Court will have a direct impact on this case,” adding that, “The nature of the application is such that the matter will not even be heard in this (Courtroom) forum.”
It was the submission of Counsel for the Defendant that,bore the action before the Supreme Court, it is possible the matter would be heard in a different Court and that judge, will have a fair idea when he or she is offered the opportunity to adopt this proceeding.
“My lady, March 31 is just two weeks away, and adjourning the matter sine die will not sit well with the Plaintiff,” he said.
Counsel for the Defendant said, the filing of a stay of proceedings, as determined by the apex court in several cases, is not to halt or deter any court from carrying out its assignment.
In the interest of Justice and in the spirit of expeditious trial, “we submit that…the case should be carried on to bring finality to the matter.”
In the event that the court is minded to adjourn, that should not be at the back of the application for stay filed by the Defendant.
This matter has been pending since 2022….and adjourning it sine die as prayed by the defendant will further cause injustice to the Plaintiff.
By Court
Justice Abdul-Basit has since adjourned to April 14 for the parties to resolve the matter and announce settlement or otherwise.
Source :www.kumasimail.com
