An Accra High Court presided over by Justice Cynthia Wiredu has dismissed an application seeking to remove Multimedia Group as the second Plaintiff in the Latif Iddrisu assault case.
The trial of the case filed in 2019 was originally set to start sometime in March 2021 until the defendants, the IGP and the Attorney general, filed the motion to amend their defence.
The processes were delayed but the defendants later filed a motion to strike out the second Plaintiff in April 2022.
Matters dragged until today November 14, 2022, when the court gave its ruling dismissing the application.
The court has set a new date for the trial of the substantive case to begin on January 30 2023.
The defendants had contended that "the pleadings of the second plaintiff do not disclose any reasonable cause of action against the defendants and thus same ought to be struck out".
Additionally, they pleaded that the pleadings of the second plaintiff contained in paragraphs 5, 7, 8, 9, 10 and 11 and other paragraphs that make references to the second plaintiff in the statement of claim "discloses no reasonable cause of action in law against the defendants." and thus the 2nd plaintiff ought to be struck out.
The AG made the above case with a legal argument that "the court may at any stage of the proceedings order any pleading or anything in any pleading to be struck out on the grounds that
(a) it discloses no reasonable cause of action or defence; or,
(2) no evidence whatsoever shall be admissible on an application under subrule (1)(a).
However, the lawyer for Latif Iddrisu and the Multimedia Group Samson Lardy Anyenini in his submission pointed out to the court that since March 2018 when the first plaintiff was assaulted, the second plaintiff has incurred and continues to incur expenses for the treatment of 1st plaintiff both in Ghana and abroad.
He proceeded to argue and prayed the court to dismiss the application.
"Consequently we pray that the instant application be dismissed without any hesitation as being unmeritorious and failing to meet the test as laid down in the Harriet Morrison line of authorities"
After carefully reviewing both arguments, Justice Cynthia Wiredu on Monday, November 14 2022, dismissed the application and set January 30 for trial to begin.
Latif Iddrisu suffered a fractured skull when he was brutally assaulted by some police officers at the CID headquarters back in March 2018.
The journalist continues to suffer the cascading effects of the injury.
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