A Rivers State High Court sitting in Port Harcourt has fixed judgement on the defamation suit filed by the Special Adviser to Governor Nyesom Wike on Real Madrid Academy, Barrister Christopher Green, against a sports journalist China Acheru.
During a hearing on the matter on Tuesday, Defendant’s Counsel Higher King, submitted that they have not been properly served a writ of summons as required by law, adding that the signature in the originating summons presented by the Claimant is not that of the Defendant’s.
Claimant’s Counsel, O.A Alake argued that they have served the writ of summons to the Defendants, claiming that they have done their bit to satisfy the law.
He also maintained that the signature on the writ of summons served on the Defendant was not different, but a little bit longer than the other signature.
The trial Judge, Justice C.K Dappa Addo, after listening to arguments from the Counsels, adjourned the matter to 27th July for a ruling.
In an interview with our correspondent Tina Amanda, Counsel to the Defendants Higher King, said it is very fundamental as the law has a process of serving originating processes.
“If the court agrees with us that our client China Acheru was not properly served, that means the court will strike out the matter, but if the court refuses and says we were served, it means the matter can continue, and another option we have is to go to appeal.
“We are saying the law has processes of serving originating summons because the court is very weary of serving the wrong person and the right person is not served, the Claimant should do the proper thing that is what we are saying.
“It is their job they know what to do, they ought to have done it right, so if they have made mistake in the service of originating summons there is not wrong for the Defence Counsel to take that advantage, I will take the advantage that is what the law says.
“We have confidence that the court will rule in our favour, that is why we made the application in court”
Recall that China Acheru had in a publication on his blog claimed threat to life by the Claimant Christopher Green, a claim Green described as defamation.