Legal practitioner and law lecturer at the University of Professional Studies (UPSA) Accra, Mr Justice Abdulai has said the Director of Finance of First Atlantic Bank, Mr Ernest Kwasi Nimako may not be able to exonerate himself in the law suit filed against him by his lover and former service personal of the bank for breach of agreement
According to him, although there are other circumstances where such agreement may not hold, his case clearly shows he made the promise with a clear mind and also even made attempt to fulfill them.
Justice Abdulai said in the face of glaring evidence, the promises he made and his subsequent attempt to fulfill it makes the case a subject of a law suit.
The legal practitioner was speaking on TV3 NewDay on Wednesday, January, 27, monitored by GhanaPlus.com.
….so if you are making out regardless of the place whether in your car or in your bedroom or in a hotel wherever, if you are making out and you make these same promises or more, in fact under that circumstances you are even allow to buy God for another person if you can or take a person to the moon but those once cannot be a subject of a suit. In fact, indeed if it became a subject of suit it will be thrown out most likely”.
“…but when theses promises are made in a normal settings that you are not compelled either by way of mood physiologically or because the person has her hand in your ears so these once there are with the intention to keep them and when you also make an attempt to keep some of them, then it indeed become a subject of a suit and you may be compelled to fulfilled them if it turns out that you intended to keep them”.
“And this one, there is a clear case of a car being bought, part of a rent being paid and indeed part of the stipend being paid, the other side has relied on it. You made steps to fulfill all these promises you cannot turn around and say you should not be expected to keep them, it will be very difficult for you to discharge yourself out of that”
Kwasi Nimako may be compelled to fulfill his promise to Seyram -Justice Abdulai
Justice Abdulai said unless, Mr Nimako is able to prove beyond reasonable doubt that his promises were made on some benevolent basis and was not bidding on him to fulfill them, he would not be able to discharge himself.
Adding that he will most likely be forced to fulfill it if the court finds it so.
“But unless you are able to prove that indeed these were made under some benevolent circumstances and you were clearly not compelled to do, otherwise you can be compelled to complete them”.
Sidechick sues Lover over breach of promise
Ernest Kwasi Nimako, a Director of Finance at First Atlantic Bank have been sued by his allege lover, a former service person of the bank for breach of promise to give her a lump sum of working capital, pay her rent for three years, buy her a car, pay her ₵3000 monthly stipends and buy her a ring also.
Mr Nimako, married, also promised Deborah Seyram Adablah marriage after divorcing his wife during their relationship.
Ms Adablah is seeking the court to compel her lover to fulfill all of the above promises.
Sidechick lawsuit: It will be difficult for Kwasi Nimako to discharge himself – Justice Abdulai