The High Court in Accra has dismissed an application from Kumawood actor Kwadwo Nkansah for a stay of proceedings of the GHc5 million defamation lawsuit against him.
In addition to the dismissal of the request, the Court also awarded a cost of GHc5,000 against him after dismissing the request.
Actress Martha Ankomah filed a GHc5 million defamation suit against Lil Win over alleged disparaging comments he made about her in public.
Lawyers for Kwadwo Nkansah, popularly known as Lil Win, want the High Court to put on hold the hearing to await the outcome of an interlocutory appeal he has initiated at the Court of Appeal.
The premise for the application was that he is challenging the jurisdiction and the venue of the defamation case at the Court of Appeal.
Their case was that the matter ought to be heard in a Kumasi court and not a court in Accra based on where the defendant resides.
Request to halt proceedings
Ms. Claudia Coleman, who was holding brief for substantive counsel Margaret Agyei Twum, submitted that the motion for stay of proceedings has become necessary “because there is an interlocutory appeal at the Court of Appeal for the appropriate venue and jurisdiction of this matter to be heard.”
She submitted again that the special circumstances for the acceptance are on the issue of law which the Court of Appeal is to determine before the hearing can continue.
“It is our view that there is a serious issue of law to be answered by the Court of Appeal on jurisdiction and venue for this matter to be properly heard,” she argued.
“My lord, respectfully, our humble prayer is that the continuation of this matter in this court may render the decision of the Court of Appeal negatory and moot should they grant the appeal.
“It is also our case that this honorable court has inherent jurisdiction to stay its own proceedings.
“Since the venue or jurisdiction is an issue which goes to the root of this case, we pray this court to grant our prayer since failure of it will cause severe hardship to the applicant (Lil Win), especially in the case where the interlocutory appeal is granted, which we believe has a likelihood of success,” she submitted.
No exceptional case
Nii Appiatu Plange, counsel for Martha Ankomah, the respondent to the application, said, “We are vehemently opposed to this application.”
Counsel for Martha Ankomah argued that the applicant (Lil Win) alleges in paragraph 9 of their affidavit in support that the appeal record is almost completed.
“A search conducted on May 26, 2025, shows that conditions for even settling of the records before compilation have not been done since November when they filed the notice of appeal,” he argued.
Nii Appiatu Plange said one of the critical conditions for stay of proceedings is that the applicant (Lil Win) must demonstrate exceptional circumstances to warrant the grant of the stay of proceedings application.
“We are saying that can only be done by the ruling delivered by your lordship for stay of the notice of appeal.
“They are saying that the reason for going on the appeal is that they want to test the appropriateness of the writ invoking the jurisdiction of the court.
“And to them, that is a serious legal issue to be determined,” counsel pointed out,” he said,
“The issue of venue has nothing to do with whether or not the court’s jurisdiction has been invoked by the writ.”
Counsel said, as much as the filing of the notice of the interlocutory appeal does not operate as an automatic stay of proceedings, the request must be dismissed.
“An application of such a nature is at the discretion of this court. We are saying that the applicant is undertaking his request because of his very conduct before this court, where he has shown gross disrespect to the court; where he has not shown up in court through several hearing notices to the point where your lordship has to issue a warning to him.
“This applicant has the audacity to send information to this court that he does not intend to sign the terms of agreement after several interventions by your good self,” counsel said before urging the court to dismiss the request.
By Court
Justice Forson Baah Agyapong, the sitting judge, said the court is of the considered view that no exceptional circumstances have been professed by the applicant (Lil Win) for the application to be granted.
The request is refused with a cost of GHc5,000 awarded against Lil Win in favor of Martha Ankomah.
The case has been adjourned to June 9 for the audiovisual evidence to be played in open court.
The court is hearing the merit of the defamation action after an initial breakdown in an out-of-court settlement.
Source :www.kumasimail.com
