The Court presided over by Justice Gertrude Torkornoo on Monday dismissed the case on the grounds that Justice Dery, who is one of the high court judges cited in Anas Aremeyaw Anas exposé, withdrew his application for interlocutory injunction on the showing of the documentary film at the Accra International Conference Centre (AICC).
In his appeal, Justice Dery said the judge even erred as regards the day of hearing the case as it was supposed to be Monday, October 12 instead of Tuesday, September 29.
“The judge erred when she heard the matter on the 29th of September, 2015 instead of the scheduled date of 12th October, 2015 without notifying the Appellant in the above mentioned case and thus breached his right to be heard.”
Justice Dery had petitioned the Chief Justice, Georgina Theodora Wood, over Tuesday’s decision but going to the Appeal’s Court is to solidify his stance.
According to him, the judge had ruled on the case when the five respondents were yet to be served with the application.
He is seeking a single relief.
“The decision of the trial judge be reversed.”