… As He Fights Case In NPP Media, Instead Of Court
The lawyer handling a case for a German meat and seafood company, Kommandit Gesellschaftmti-verteibsgesellscaft Mbh & Co. (KGMTI), against Henry Ekow Manly-Spain, a stalwart of the opposition National Democratic Congress (NDC), appears to have taken to monkey tactics that courts disciplinary action from the General Legal Council.
Lawyer Nathan P. Yarney has apparently taken to fighting his case in the media, even though Mr. Manly-Spain and his wife are bent on using the law courts to settle legal issues.
KGMTI’s victory against Servistar Minwax W.A Ltd, a company owned by Mr. Manly-Spain, in an Accra High Court, has not been accepted by the lawyers of Servistar and so preparations are underway for an appeal to be filed at the Appeal Court.
The Republic sources tell us that Servistar is actually firmly prepared to appeal the case to the level of the Supreme Court.
As Counsel for KGMTI, Lawyer Nathan P. Yarney has been duly notified of the intent of Servistar to continue to tango in court.
However, in spite of being aware of the position of Servistar, Lawyer Yarney is said to have taken to leaking the issue to pro-NPP newspapers in a bid to dissuade Servistar from continuing the case.
As a result of what is said to be unethical practice by the lawyer, Mr. Manly-Spain, an entrepreneur, who is said to be so busy that he does not even have time to go to court, has been painted in the media as a crook in trouble.
The NPP’s leading tabloid, Daily Guide, has for instance made it its business to be splashing headlines proclaiming that Mr. Manly-Spain is in trouble, even though the man’s lawyers are fighting the case in court.
And anytime the Daily Guide reports the issue it intentionally ropes in that Henry Ekow Manly-Spain is a former Greater Accra Regional Chairmanship aspirant for the NDC.
“Mr. Manly-Spain knows the game plan very well. They see that he is ready to fight to the very end and therefore have hired a newspaper to do the dirty job of painting him black to discourage him.
“But it will not work, because his lawyers are already under firm instructions to fight the case to the Supreme Court level,” a source told The Republic.
It added that the amount involved is not even something that Mr. Spain, who has sponsored the political campaigns of people before, is afraid of dealing with, but that it was a matter of principle that Servistar is bent on fighting the case.
An Accra Commercial High Court, a few days ago, delivered judgment against Servistar Minwax W.A Ltd in a case brought against the company by Kommandit Gesellschaftmti-verteibsgesellscaft Mbh & Co. (KGMTI).
The judgement was for but not limited to the recovery of the value of $276,465 on a bill of exchange dated 13th March, 2014, drawn on Defendants by the Plaintiff and accepted by the Defendant.
The Plaintiff wanted the court to order the recovery of the remainder of the value of $443,614.50 (after considering relief A above) being the total value of the consignment of frozen meat supplied on CIF terms by Plaintiff to the Defendant, less an amount of US$100,200 realized on the resale of part to a third party, among other reliefs.
Justice Eric Kyei Baffour stated that under the law, a party is required to take steps that are reasonable to mitigate losses, adding that “damages awarded are subject to the rule that an innocent party to a contract is under obligation to take reasonable steps to mitigate losses.”
The court held that it was reasonable that Kommandit be made to recover the cost of “these expenses it was made to pay and I grant it.”
However, the legal team of Servistar is said to be under firm instruction to appeal the case to the Supreme Court level, and same has been made known to the lawyer of the plaintiffs in the High Court case.
It is in spite of this that stories about the issue and other related cases are flying all over the news to make Mr. Manly-Spain look like a dubious character.
The tones of these stories have not been without a smear-in of Mr. Manly-Spain of the opposition NDC, who, sometime ago, contested to be the NDC’s Greater Accra regional Chairman.
Source: therepublicnewsonline.com/ Stan Adotey