Category: Crime Created on Monday, 03 September 2012 16:49 Published Date Written by All Ghana News Hits: 311
Accra Sept. 3, GNA- A High Court in Accra on Monday dismissed an application filed by Ms Georgina Donkor a student to set aside the court’s earlier decision to discontinue an action against a Dutch businessman, Mr Arthur Paes.
Ms Donkor believed to be in her 20’s is alleged to have accused Mr Paes over sex related issues which according to her had caused her extreme pain throughout 2003 until 2010.
The court presided over by Mr Justice Kwasi Dapaah noted that Ms Donkor’s application lacked merit and that it found no fraud perpetrated by Mr Paes or his solicitors.
It also rejected claims by one Ms Eunice Wubbeling to be the Guardian of Ms Donkor.
It also noted that some statements of agreement between Ms Donkor and Mr Paes absolve Mr Paes from any wrong doing as valid.
According to the court the application was struck out on an application filed by Ms Donkor’s own counsel following an amicable settlement and payment of GH 2,000.00 cedis into Ms Donkor’s bank account.
It noted that from the affidavit and counsels on the opposing side, it was apparent that the real parties to the original or earlier application which was struck out were not involved in the present application.
It noted that nowhere was it stated in the plaintiff’s writ that she was a minor and that Ms Wubbeling was also acting as a Guardian.
“The plaintiff commenced the action per counsel in her own right and maintained her capacity up to the time when her counsel applied and had the suit struck out,” the court noted.
On February 8, this year Ms Donkor through her solicitors filed an ex-parte motion for dismissal of action which was fixed for hearing two days later.
Counsel for Ms Donkor moved a motion to dismissal of action and Mr Paes confirmed settlement. Based on that, the court struck out the motion.
However, Ms Donkor engaged the service of new counsel on February 28, this year to set aside an order for dismissal of the action as she was coerced to enter into an agreement by her previous lawyer.
The court however turned down the application to set aside it own order for dismissal of action.
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