Banker Ernest Kwasi Nimako and his lawyers have filed a motion at the High Court to seeking a dismissal of sexual harassment claims against him by Deborah Sayram Adablah.

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, 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 Tuesday, August 15, before a vacation judge, Her Ladyship Abena Amponsah Buansi, Lawyers of Mr Nimako pointed out to the court that, currently, there are three applications pending before the court.

According to his lawyers, apart from their application to have the pleadings of the Plaintiff dismissed, there were also applications for Contempt filed on June 6 and another from the Plaintiff challenging orders of the court to have the vehicle in dispute surrendered file on June 16.

It was however the submission of counsel for Mr Nimako that, their application for the Plaintiff’s pleadings to be struck out and dismissed takes precedent of the other two applications and want that heard first.

Lawyers of the Plaintiff (Adablah) agreed with Counsel for Mr Nimako.

Justice Buansi, the vacation judge, consequently directed that, once that was the case, the parties ought to rather go back to the substantive judge to deal with the case.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that the vacation court are operating virtually with the parties joining proceedings via video links.

The case has since been adjourned to October 15 in the new legal year. Though Mr Nimako was present, Adablah was absent.

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.”

She also alleged that, Mr Nimako promised to marry Plaintiff after divorcing his wife in the course of their parlor 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 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