An Accra High Court has dismissed the suit filed by former Gender Minister Nana Oye Bampoe Addo against her ex-husband, Tony Lithur.
It was the case of the plaintiff, Madam Bampoe Addo that her reputation had been injured by her former husband who had filed an action seeking divorce.
According to her, in the divorce petition, the defendant made false averments and caused the defamatory words to be published against her.
She is convinced these false statements about her were maliciously and knowingly published by Mr Lithur in his divorce petition.
However, the defence team urged the court to dismiss the plaintiff’s suit as it was frivolous, vexatious, and an abuse of the court processes.
Counsel for Mr Lithur, Agyenim Agyei Boateng, was of the view that the plaintiff’s writ of summons and statement of claim does not disclose any reasonable cause of action against his client.
“The plaintiff has filed an action for defamation but clearly, on the face of her pleadings the entirety of the action is premised on facts contained or averred to in the divorce petition filed by the defendant (Tony Lithur) herein.
“…It is apparent without recourse to anything more than the plaintiff’s own statement of claims that the instant action seeks to hold liable the defendant-applicant on matters which are privileged and for which an action cannot lie in law, the instant suit, therefore, discloses no reasonable cause of action under the law against the defendant.”
“The application is the very definition of an abuse of the court processes,” counsel submitted.”
The court sided with the defense team and subsequently dismissed the case and awarded a cost of GHC5,000 against the plaintiff.
In his ruling, the judge, Justice Rev. Joseph Owusu-Adu Agyemang said no action of defamation can be found in the allegations made against the defendant, Mr Lithur.
“No action of defamation can be found in the allegations made against the veteran legal practitioner,” Justice Agyemang said, adding that the court should not allow parties to “open this Pandora’s box in a suit of that nature.”