[2023]DLHC16763 • November 28, 2023 • High Court
DEBORAH SEYRAM ADABLAH vs ERNEST KWASI NIMAKO FIRST ATLANTIC BANK
The Respondent, during her National Service at First Atlantic Bank, entered into a consensual parlor sexual relationship with the Applicant, a superior officer. The relationship was known among bank staff. The Applicant persuaded the Respondent to exit the bank's contract employment to continue the relationship with promises of financial support and benefits. The relationship soured over disagreements, including refusal of certain sexual acts by the Respondent. The Respondent claimed the Applicant failed to fulfill promises including transfer of car ownership, refund of repair costs, lump sum for business, rent payments, monthly allowance, medical expenses, and general damages for reputational harm.
read moreRULING MOTION ON NOTICE TO STRIKE OUT PLEADINGS AND DISMISS ACTION The 1st Defendant/ Applicant (hereinafter referred to as the Applicant) brought the application for an order to strike out the Plaintiff/Respondent (who shall be referred to simply as the Respondent) pleadings and to dismiss the suit for disclosing no reasonable cause of action. The Applicant's motion is founded upon Order 11 rule 18(1) (a) of the High Court (Civil Procedure) Rules 2004 (C.I 47) which provided that "Striking out pleadings. 11r 18.TheCourt may at any stage of the proceedings orrler any pleadings or anylhing in any pleadings to be struck out on the grounds that: (a) it discloses no reasonable cause of action or defense.. (b) it is scandalous, frivolous or (c) it may prejudice, embarrass or delay the fair trial of the action or (d) It is otherwise an abuse of the process of the court and may order the action to be stayed or dismissed or judgment to be entered accordingly. (2) No evidence wh...