The High Court has dismissed a GH¢15 million defamation suit filed by Minority Leader Alexander Afenyo-Markin against Ghana Gold Board (GoldBod) Chief Executive Officer Sammy Gyamfi, ruling that the legal action was procedurally defective.
In a ruling delivered on Wednesday, October 14, 2026, the court set aside the writ of summons and statement of claim filed by Afenyo-Markin on August 24, 2026.
The court held that the writ did not contain sufficient particulars of the alleged defamatory publication, as required under the High Court (Civil Procedure) Rules, 2004 (C.I. 47).
The rules require a writ in a defamation action to identify the publication complained of with sufficient detail. The court found that the omission rendered the action defective.
Afenyo-Markin had argued that details provided in his statement of claim were sufficient to address the omission in the writ. However, the court rejected that position, distinguishing the case from an earlier Supreme Court decision in which particulars in a statement of claim had been accepted as curing a defective endorsement.
The court noted that Gyamfi had entered a conditional appearance and immediately challenged the writ, meaning the objection had been raised before the case proceeded further.
It also declined to consider an amended process filed during the proceedings, holding that an amendment could not be used to defeat an objection already pending before the court.
The court consequently set aside the writ and statement of claim and made no order as to costs.The ruling concerns the procedural validity of the case and does not amount to a determination of the truth or otherwise of the underlying statements alleged to be defamatory.