It has emerged at the High Court in Accra (General Jurisdiction) that proposals for an out-of-court settlement in a GH¢5 million defamation suit against Kumawood actor Kwadwo Nkansah have failed.
As a result, the lawyers for the plaintiff, Martha Ankomah, have informed the court that the matter should proceed in court.
Earlier in July this year, the High Court was informed of the possibility of a settlement, which led to an adjournment. However, that attempt has now failed.
Kwadwo Nkansah, popularly known as Lilwin, has been taken to court by actress Martha Ankomah over alleged disparaging comments made about her in public.
In court on Tuesday, October 15, 2024, the first session of the 2024-2025 legal year, Justice Forson Agyapong Baah was informed by the lawyers of the actress, led by Nii Apatu Plange, that the defendant (Lilwin) was not ready for settlement.
“We made our proposals to the intermediary, but he later informed us that it did not seem the defendant was ready for settlement, so I will say that settlement could not be achieved,” the counsel for the plaintiff informed the court.
“We pray the matter proceeds,” Nii Apatu Plange urged the court.
Justice Baah, after hearing from the counsel of the plaintiff, adjourned the case to November 5, 2024, for hearing.
“In the circumstances, the case is adjourned to 5th November 2024, for hearing to begin at 8:30 a.m. Let hearing notices, along with today’s notes, be issued and served on the defendant,” the court directed.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that Lilwin (the defendant) was absent from court again, and there was also no legal representation for him. The plaintiff, Martha Ankomah, was present in court.
Nkansah, popularly known as Lilwin, is seen in a viral video insulting the actress for her alleged comments. In the video, Lilwin downplayed Martha’s prominence in the film industry.
In a writ of summons filed on February 14, 2024, Martha Ankomah claims that the statements made by Lilwin have harmed her reputation and the brand GTP.
Martha Ankomah insists that Lilwin falsely accused her of expressing disdain towards Kumawood actors by refusing to collaborate with them due to their perceived lack of quality storylines. She argues in the writ that Lilwin’s published words were defamatory.
She is therefore demanding:
a) Damages in the sum of GH¢5 million for the defamatory statements made by the defendant.
b) Compensatory damages for the damage done to the reputation of the plaintiff.
c) Aggravated damages for the reckless and malicious publication of the defamatory words.
d) An order directing the defendant to publish an apology and a retraction of the said defamatory words with the same prominence.
e) An injunction restraining the defendant from further publishing or causing to be published similar words defamatory of the plaintiff.
f) Legal costs.
Background
Martha Ankomah claims that during a radio interview on Accra-based Accra FM, she expressed her disinterest in collaborating with individuals from Kumawood and mentioned witchcraft storylines as one of her disinterests. While she acknowledged enjoying Kumawood movies in the past, she emphasized that the portrayal of witchcraft no longer appealed to her.
Unhappy with the actress’s comments, Lilwin criticized Martha Ankomah for her statements, leading to the legal action she has instituted.
Statement of Claim
In the statement of claim, Martha Ankomah seeks a declaration regarding the following words allegedly spoken by Lilwin:
“Who knows you? If not for GTP and senior government officials who signed you on at GTP, who would have signed you? What kind of star are you? Even your own daughter doesn’t know you. I don’t even know why GTP bypassed the likes of McBrown, Mercy Asiedu, and co. and made Martha Ankomah their brand ambassador. If you had been a male actor, you would have suffered. When you become an actress and you become a star, men take care of you, men rent accommodation for you, men buy you houses, men buy cars for you. You would have suffered as a man, but for the fact that you are female. It is men who look after you. You have become a star; that is why men take care of your needs; you don’t use your money for anything.”
Martha Ankomah stated in her writ that she is “a distinguished actress who has featured in a number of movie productions both in Ghana and Nigeria for more than 20 years.”
“The plaintiff has, by dint of hard work as an actress, gained respectability among members of the movie and creative industry, movie lovers, friends, and well-wishers.”
“The plaintiff used to be a brand ambassador for GTP promoting their products but currently holds ambassadorial deals with Yaba Ghana, Vibrant Skin Care, and Style In Vogue.”
“The defendant is an actor, musician, and comedian. The defendant is also the founder and director of a school known as Great Minds School.”
“The plaintiff says that on or about February 8, 2024, the defendant, without any provocation from the plaintiff, went on a tirade on social media, raining insults and invectives on the plaintiff for allegedly consistently turning down offers from movie directors to feature in Twi local movie productions, popularly referred to as ‘Kumawood.’”
“The plaintiff says that the defendant, according to the video circulating all over social media, was enraged by the fact that a director named Frank Fifi Gharbin had informed him that the plaintiff had turned down an offer to feature in a Kumawood movie on the basis that most Kumawood movie storylines do not make sense.”
“The plaintiff vehemently denies this claim and states that she has never had any such conversation with the said director or made any such statements to warrant the verbal attack on her.”
