Afeku case against 3 Americans rejected

General News of Monday, June 3, 2019

Source: thechronicle.com.gh

2019-06-03

The High Court of Accra, presided over by Judge Olivia Obeng Owusu, struck off the file filed by the Minister of Tourism, Catherine Afeku, which had been redrafted, against three Americans and two of them. a Ghanaian seeking an order for recovery of all sums paid to them (defendants). in settlement of a judicial debt.

On November 30, 2007, another High Court in Accra, presided over by Judge Barbara Ackah-Yensu, sentenced Catherine Afeku to pay $ 217,462, plus the interests of Americans (now defended) for a commercial transaction that was hurting turned. The former Minister of Tourism, after paying part of the judgment debt, went to court on November 22, 2013 to ask the judge for general damages for fraud against Americans.

She also requested the court to order payment of interest on the judgment debt she (Afeku) had paid to the Americans and their Ghanaian counterpart, to whom they had given power of attorney to pursue the In Ghana.

Catherine Afeku again asked the court that her home, H / N.LVC / 73, Lower Axim, be released from the seizure, in addition to the recovery of a Mitsubishi Diamante sedan bearing the registration number. AS7323W.

An order to prevent the subsequent application of the decision in Case No. 245/06 until the final decision on the pending action, plus the punitive cost.

The former Minister of Tourism made these requests to the court, because, according to her, she discovered new irrefutable evidence in the form of a video recording of the third defendant (who was among the plaintiffs in the first case she had lost), acknowledging that the entire ploy to file complaint No. 245/06, as well as the evidence presented by the plaintiffs against the plaintiffs herein, was a mixture.

"The third defendant was a plaintiffs' witness in Prosecution No. 245/06. He testified as PW 1 and the trial judge was much inspired by his testimony in his judgment of November 30, 2007.

"The third defendant, in the said video recording, could be seen and heard clearly, stating that he had been misled by the first and second defendants in fabricating information about the plaintiffs.

"The 3rd respondent made many statements suggesting that he knew that the relationship between plaintiffs 1 and 2 of the defendant was not that of" investment partner "in the strictest and ordinary sense of the word. Expression, but impressed by the other defendants. to adduce evidence to that effect, the evidence on which the judgment in Case No. 245/06 is based. "

Upon receipt of the writ, the Americans – Patricia Gick, Bill Gick, David Thomas – through Francis Kaku Nokoe, to whom they had given power of attorney, appeared.

Unfortunately, after filing the writ against the Americans, Catherine Afeku did not continue her trial. The defendants therefore requested the court to dismiss the case, which the court agreed to.

Judge Olivia Obeng Owusu, in her decision, wrote that the plaintiffs and their lawyers were no longer in court.

"According to the records, it is obvious that they do not wish to prosecute. As a result, I strike the case for lack of prosecution. I award costs of 3,000 GH ¢ against [the] complainants. Continue reading The Chronicle for full details of why the $ 217,462 judgment was attributed to Catherine Afeku, who was recently dismissed as Minister of Tourism by the President.