Judgement entered against former Black Stars Captain Asamoah Gyan over what was described as malicious prosecution is to be posted at the house of the former Ghanaian footballer.
Additionally, copies are also to be posted at the office of the Ghana Football Association and the Notice board of the Law Court complex.
The High Court (Financial and Economic Division) in Accra presided over by Justice Ernest Owusu-Dapaa, a Justice of the Court of Appeal sitting as an additional High Court judge on December 8, 2023, slapped Asamoah Gyan with damages in the tune of over GHc1 million.
This was after Osafo Anthony, a journalist he had caused his prosecution went to the High Court for malicious prosecution which he succeeded.
Following the decision of the Court, the former Black Stars striker and his manager (1st and 2nd Defendants judgement debtors) have indicated their resolve to appeal against the decision of the Court.
But, following the judgement, the plaintiff and his legal team have struggled to bring the judgment to the attention of Asamoah Gyan for the necessary execution.
As a result, lawyers of the Plaintiff went back to High Court for substituted service which was granted.
On Tuesday, January 23, 2024 Justice Owusu-Dapaa, granted a request from the Plaintiff to posting copies of the judgment on the Notice Board of the High Court Complex, leaving copies with any adult at Asamoah Gyan (1st Defendant’s/Judgment Debtor’) Residence at Basilica near Old Broadcasting, New Weija, Accra and the notice Board of the Ghana Football Association (GFA).
Justice Owusu-Dapaa while granting the request said the posting shall remain for 14 days after which it would be deemed as effected.
Subject matter
On December 8, 2023, former Black Stars captain Asamoah Gyan was slapped with damages in the sum of over GHc1M for malicious prosecution by the High Court in Accra.
This was after he was dragged to Court by one Anthony Sarfo, a journalist he had earlier caused his arrest and prosecuted for extortion.
Following his discharge, Anthony Sarfo and his lawyers sued for malicious prosecution in action involving an alleged rape incident between the former Black Stars skipper and one Sarah Kwablah.
Anthony Sarfo, one of the four persons who was arrested and charged for extortion, following his discharge and acquittals, initiated a civil action against Asamoah Gyan and his manager Anim Addo for malicious prosecution and demanded the sum of GHc1 million.
Delivering his judgement on Friday, December 8, Justice Ernest Owusu Dapaa said the Plaintiff has been able to prove his case that he was maliciously prosecuted.
The Court held that the report made by Manager of Gyan, Samuel Anim Addo to the Airport Police was based on “falsehoods.”
The Court said that the report to the Police was rather made to protect Asamoah Gyan’s image because at the time he was negotiating a transfer to a Chinese club.
The Court said available evidence to the court showed that the Plaintiff was never extorting money from Gyan when the report was made for his arrest over an alleged publication.
Justice Dapaa said, the Plaintiff discharged the burden of proof and hold that the manager of Asamoah Gyan set the whole malicious prosecution in motion.
Consequently, the Court entered judgement in the sum of GH¢900, 000 in damages to the Plaintiff.
The Court, additionally, awarded the plaintiff GHc111, 000 for 111 months that he lost from his job which was paying him GHc1, 000 at the time.
A cost of GH¢60, 000 was also awarded against Asamoah Gyan and his manager.
This brings to a total the sum of GH¢1,071, 000 against the defendants (Asamoah Gyan and Samuel Anim Addo).
While Asamoah Gyan was absent his manager Samuel Anim Addo was present with their lawyers.
Anthony Sarfo and his lawyers led by Yaw Dankwah were also present in the court when the judgement was delivered.
Background
In 2019, the Accra Circuit Court acquitted and discharged four persons accused of allegedly extorting money from Black Stars captain, Asamoah Gyan to stop the publication of rape and sodomy he was allegedly involved in.
The four persons namely; Osarfo Anthony (Arts/Entertainment Writer), Chris Handler (Blogger), Sarah Kwablah (Law Student), and Ekow Micah (Musician) were prosecuted on charges of extortion and conspiracy to commit crime.
In June 2016, an alleged sodomy story broke out in Ghana’s electronic and print media and was attributed to Asamoah Gyan.
They said in the said publication that Sarah alleged that Gyan had sexual intercourse and anal sex with her and she became pregnant.
According to the prosecutor, Sarah discussed the issue with Micah and met Anthony and Handler to discuss the issue and to publish the story on their website in order to scare Gyan who will in turn give them money.
Anthony and Handler published the first story on their website and promised to release the sex tape in their subsequent editions.
Prosecution said a witness in the case read the story on their website known as Ghanabase.com and alerted the complainant.
The complainant contacted Anthony on phone and they threatened to release the sex tape unless a colossal amount was paid or a house was bought for Sarah.
The prosecution said in the complainant’s bid to protect the image of Gyan asked Anthony and Handler to hold on with the publication.
Prosecution said Anthony and Handler threatened to defame the Skipper and they called for an urgent payment of the money.
The Complainant, the prosecution said, feigned interest to pay. When Handler was contacted they charged GHc 30,000.00.
The complainant bargained and they settled on GHc 25,000.00.
The complainant, Anthony and Handler agreed to meet at the London Restaurant.
The Complainant reported the matter to the Police and on July 29, 2019, Anthony met at the London Restaurant and 1,000 dollars, GHc 6,000.00 and a cheque of GHc 15,000.00 was given to him.
Anthony was however nabbed when he received the money. The rest of the accused persons were arrested later.