Former Black Stars captain, Asamoah Gyan, has been instructed by the High Court in Accra to settle 50% of the over GH₵1 million judgment debt awarded against him within 30 days as compensation for malicious prosecution.
This ruling followed Gyan’s plea for a stay of execution as he pursued an appeal against the judgment, which was granted by Justice Ernest Owusu-Dapaa.
The judgment, issued on December 8, 2023, stemmed from a case of malicious prosecution brought against Gyan by entertainment journalist, Osarfo Anthony, who was awarded damages exceeding GH₵1 million.
Nearly five months after the judgment, Gyan and his legal team filed for a Stay Execution and appealed the ruling.
On May 8, 2024, Justice Owusu-Dapaa, after hearing arguments from both sides, approved Gyan’s request for a stay of execution pending appeal, with the condition that he pays half of the judgment debt before the appeal.
The Court stipulated that the payment must be made to the court’s registrar within 30 days from May 8, excluding weekends and public holidays, and directed the registrar to invest the sum in the government 182 days treasury bill until the appeal’s resolution.
Bench ruling
In his bench ruling, Justice Owusu-Dapaa, a Justice of the Court of Appeal serving as an additional High Court judge, instructed the Registrar to invest the bond in the government of Ghana’s 182-day Treasury Bill, with a rollover basis until the appeal is decided.
“I have internalized the submission made viva voce at Bar and also critically reflected on the depositions in the affidavit in support and affidavit in opposition the Court is satisfied that there are special or exceptional circumstances when both affidavits are globally considered and properly contextualized against the exhibits especially the notice of appeal, judgment, witness statement among others.
“I will grant the stay of execution of judgment dated 8th December 2023 on terms which are;
“That the 1st Applicant (Asamoah Gyan) should deposit fifty percent (50%) of the total judgment debt in Court through the registry and the registry is ordered to invest the fifty percent (50%) of the judgment debt in Government of Ghana 182 days Treasury Bill on rollover basis until the appeal is finally determined.
“It is a well-considered view of the Court that the grant of the stay on terms is fair to both parties.
“In the case of 1st Applicant, a world-class professional player who was earning excess of USD million, when he succeeds on appeal, he will not have to worry about inadequate means of Respondent who is said to earn GH¢1,000.00 when the incident occurred to refund the judgment debt were it to be executed.
“The Respondent on the other hand also is saved from the risk of the 1st Applicant, a world-class professional player who was earning excess of USD million, being unable to pay the judgment debt should he lose the appeal, particularly so when the Court has not been given his current state of inabilities and other encumbrances that may exist in respect of his assets,” the Court ordered.
30 days ultimatum
The Court also said, “Having heard counsel for Applicants and Respondent, the Court further orders the 1st Applicant (Asamoah Gyan) to comply with the order for paying fifty percent (50%) of the judgment debt aforesaid within thirty days (30) from today (May 8) excluding weekends and any public holiday.
The Court said, in the event of default, “Plaintiff/Respondent/Respondent may go into full execution of the judgment debt.”
Background
It would be recalled that Asamoah Gyan and his manager, Samuel Anim Addo, had caused the arrest and prosecution of Osarfo Anthony and others for extortion.
Following their acquittal and discharge, in action involving an alleged rape incident between the former Black Stars skipper and one Sarah Kwablah, Osarfo Anthony and his lawyers sued for malicious prosecution.
Osarfo Anthony in his civil action against Asamoah Gyan and his manager Anim Addo demanded compensation in the sum of GH¢1 million.
On December 8, 2023, Justice Ernest Owusu Dapaa held that the Plaintiff had been able to prove his case that he was maliciously prosecuted.
The Court held that the report made by the 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 held that the manager of Asamoah Gyan set the whole malicious prosecution in motion.
Damages
Consequently, the Court issued a judgment totaling GH¢900,000 in damages to the Plaintiff. Additionally, the plaintiff was awarded GH¢111,000 to compensate for the 111 months of lost income from his GH¢1,000-per-month job at the time.
Furthermore, a cost of GH¢60,000 was imposed on Asamoah Gyan and his manager, Samuel Anim Addo, bringing the total judgment against the defendants to GH¢1,071,000.