The High Court has received a motion from banker Ernest Kwasi Nimako and his attorneys asking for Deborah Sayram Adablah’s allegations of sexual harassment against him to be dismissed.
The application, which was submitted on May 17, 2023, essentially asks the Court to dismiss the lawsuit brought by the former member of the national service, who has among other things claimed sexual harassment.
Adablah sued First Atlantic Bank and Mr. Nimako, who was the CFO at the time, in January of this year.
However, on July 21, the bank’s attorneys filed a counterapplication, and the court dismissed the case since the bank had committed no infraction, leaving Mr. Nimako as the sole defendant.
Adablah, the plaintiff, was then given a cost award of GH6,000, and the court also ordered the surrender of a car that is one of the subjects of the dispute.
Attorneys for Mr. Nimako informed the court during a hearing on Tuesday, August 15, before Her Ladyship Abena Amponsah Buansi, a judge on leave. Three motions are still pending.
His attorneys claim that in addition to their request to have the Plaintiff’s pleadings dismissed, applications for contempt were also submitted on June 6 and another from the Plaintiff on June 16 appealing court orders for the surrender of the disputed car.
However, Mr. Nimako’s attorney claimed that their request for the Plaintiff’s pleadings to be thrown out and dismissed takes precedence over the other two requests and that they should be heard first.
Adablah’s attorneys concurred with the counsel for Mr. Nimako.
Since that was the case, Justice Buansi, the vacation judge, instructed that the parties should return to the substantive judge to handle the case.
Murtala Inusah, the Legal Affairs Correspondent for EIB Network, reports that the vacation court is taking place remotely, with parties participating via video hookups.
The matter has since been postponed until the new legal year’s deadline on October 15. Mr. Nimako was present, but Adablah wasn’t.
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 the her to the effect that he will give her the following:
“Lump sum working capital to start business, pay for her accommodation/Rent for 3 years, buy her a car, Pay her GHc 3,000.00 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.”
In addition, she claimed that Mr. Nimako made a commitment to marry Plaintiff after divorcing his wife during their parlor encounters since the first defendant’s marriage was in trouble due to irreconcilable differences and was beyond saving or reconciliation.
Reliefs
The Plaintiff per her claims is seeking the follows reliefs;
a) An order that the 1s defendant transfers title of car No. GC -7899-21 into the name of the plaintiff and or an order directed at DVLA to Register the Car No.GC-7899-21 into the name of the Plaintiff as the owner.
b) A refund of 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 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 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 cost
Source: Kasapafmonline.com/Murtala Inusah
