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Side Chick case: Court orders banker, fmr NSS person to file submissions within seven days

Local News

4 month(s) ago
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The High Court in Accra has ordered banker Ernest Kwasi Nimako to file his written submissions in his application seeking the dismissal of former National Service Person Deborah Sayram Adablah’s sexual harassment case within seven days.

The motion filed on May 17, 2023, is primarily asking the Court to strike out the action initiated by the former National Service person, who has alleged among other things sexual harassment.

In January this year, Adablah dragged Mr Nimako, then Chief Finance Officer (CFO) and First Atlantic Bank to Court.

But, on July 21, 2023, the bank had its name cleared and removed from the action by the court for no wrongdoing following a counter application by lawyers of the bank, leaving Mr Nimako as the only defendant in the case.

The court subsequently awarded a cost of GHc6,000 against Adablah who is the Plaintiff while a vehicle which is one of the subject matter in dispute had also been surrendered upon the court’s order.

In Court on Monday, October 16, 2023, lawyers of Kwasi Nimako (Applicant) with this application led by Ama Opoku Amponsah said there were three applications on the court’s docket but they have agreed with the other party that, the application seeking to strike out the suit takes precedence.

Counsel for Deborah Sayram Adablah, the respondent in this application and the plaintiff in the substantive suit led by Mohammed Atta, corroborated the submissions of counsel for the banker.

His Lordship Justice John Bosco Nabarese, now presiding over the case following the transfer of the previous judge Her Ladyship Justice Olivia Obeng Owusu, gave the parties timelines.

The court said, that whilst the applicant (Ernest Nimako) is to file his written submissions on or before October 23, lawyers of the former NSS person are also to respond within seven days upon service.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that Justice Nabarese said “No excuses would be entertained regarding the time period for filing of parties written submissions.”

The case has been adjourned to October 31 for the Court to fix a date for ruling. Both Ernest Nimako and Deborah Sayram Adablah were present.

The two other applications pending are a Contempt filed on June 6 and another from the Plaintiff challenging orders of the court to have the vehicle in dispute surrendered filed on June 16.

Alleged promises

Plaintiff contended that with all the assurances from the 1st defendant (Nimako) to exit the bank and not take up a contract and in return made representations and assurances to her to the effect that he would give her the following:

“Lump sum working capital to start a business, pay for her accommodation/Rent for 3 years, buy her a car, Pay her GHc3,000.00 a month,
buy plaintiff a ring and pay her medical and other bills including paying for her to undergo a family planning treatment so that she will not give birth in the short term.”

She also alleged that Mr Nimako promised to marry Plaintiff after divorcing his wife in the course of their parlour relationship since 1st Defendant’s relationship with his wife was challenged, with irreconcilable differences and the marriage had broken down beyond repairs and or reconciliation.

Reliefs

The Plaintiff per her claims is seeking the following reliefs;

a) An order that the 1s defendant transfers the title of car No. GC -7899-21 into the name of the plaintiff and or an order directed at DVLA to Register Car No.GC-7899-21 into the name of the Plaintiff as the owner.

b) A refund of the cost of repairs of Ghc10,000.00 which 1s Defendant promised to refund to the plaintiff but failed.

c) An order that the Defendants pay to the Plaintiff the following:


(i) 1st Defendant pays lump sum money to the plaintiff to enable the plaintiff to start a business to take care of herself as agreed by the plaintiff and the 1st Defendant.

(ii) 1st Defendant pays the remaining two (2) years rent for Plaintiff’s accommodation or to pay the same amount for the remaining two (2) years at the same rate at an alternative accommodation.

(iii) 1st Defendant to pay the outstanding arrears of Plaintiff’s monthly allowance from July 2022 to the date of Judgment and pay all medical expenses as a result of the side effects of the Family Planning treatment.

(iv) General damages against the Defendants.
(d) Any other reliefs) the Court deems necessary including legal costs.

source: Ghanaweb.com