Atta Akyea sues for ¢2bn

Posted: August 25, 2010 in Crime
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The   Member of Parliament (MP)  for Akim South, Mr. Atta Akyea, has filed a suit at an Accra High Court against J. Adom Construction Limited, a construction firm based in Accra, for the recovery of US$81,569.20, and GH¢90,751.22, being legal fees for professional service he rendered to the company from 2003 to 2009.He is also seeking a declaration that he is entitled to exercise a lein over all monies he (Atta Akyea) has recovered for the defendant, and has a right to set-off against professional fees. He is also seeking an order for accounts.

The management of J. Adom Limited has indicated its readiness to meet the MP in court to battle over the issue.

“We have answers to Atta Akyea’s claim. We are going to file a counter-claim against him. The issues he is raising are very interesting. We are ready to meet in court,” noted Mr. Kwabena Arhin, Managing Director of J. Adom Limited.

In a statement of claim filed on his behalf by Akufo-Addo, Prempeh & Co, an Accra-based legal firm, the plaintiff noted that sometime in 2003, the defendant, acting solely through its then Managing Director, Joseph Adom, consulted the plaintiff, through its Head of Chambers, Atta Akyea, regarding some legal matters.

According to the statement of claim, the plaintiff asseverates that of and concerning the instructions given by J. Adom Limited on all the legal problems, he, Mr. Atta Akyea, spoke through its Managing Director, and the sole directing mind, Joseph Adom, and no other individual.

It noted that in suit number C 882/2001 between TotalFinalElf Ghana Limited versus J. Adom Limited, the company owed Mr. Atta Akyea a whopping amount of ¢1,686,112,988.01 (GH¢168,611.30).

In the said case, according to the statement of claim, Mr. Atta Akyea negotiated and brokered a deal with Peasah-Boadu & Co, solicitors of record of TotalFinalElf Ghana Limited, to obviate the necessity of the plaintiff therein, from attaching the properties of the defendant herein, after judgment had been entered against the defendant therein by the High Court, presided over by Her Ladyship, Frances Owusu Arhin J.

It said the plaintiff’s professional charge, in respect of the respite secured for the defendant, was a bare 3% of the claim, which totals GH¢5,058.34.

The statement of claim again, noted that in another case between Engineers and Planners versus J. Adom Limited, in Suit No. AC 2/2003, Mr. Atta Akyea was directed by his client to defend “the action and counterclaim,” of which after a marathon trial, judgment was given in favour of J. Adom Limited, but he was never paid his entitlement.

The charges, according to Mr. Atta Akyea, in the said case, include a 10% claim, which amounted to ¢214,777,768.31.

10% on counter claim
a)    recovery of ¢198,320,313.00 which amounts to ¢19,832,031.80
b)    recovery of ¢3,000,000,000.00 which amounts to ¢300,000,000.00
c)    recovery of US$38,692.00 which amounts to US$3,869.20
d)    recovery of US$400,000.00 which amounts to US$40,000.00
e)    recovery of US$182,000.00 which amounts to US$18,200.00
From the statement of claim, Mr. Atta Akyea avers that another claim against J. Adom Limited, in respect of non-payment of charges on a sub-contract work undertaken by Vivendi Construction Company Limited for J. Adom Limited, ended up in the High Court, Accra, in Suit No. Ac 19/2007: Vivendi Construction Company versus J. Adom Limited.

“At the trial level, the defendant herein lost the case primarily because his own ex-project manager, Raymond Kwabi, had testified for the plaintiff, Vivendi Construction Company Limited, against the defendant, J. Adom Limited, by making positive judicial confessions, that he (Raymond Kwabi) certified the works carried out by Vivendi Construction Company Limited, and its claim was therefore justifiable,” said the statement of claim.

It said J. Adom Limited, in the said case, lodged an appeal and lost, with the interest on the claim ballooning, saying, “the worsening turn of events seriously angered Joseph Adom, who demanded an immediate appeal to the Supreme Court, which emotional request the plaintiff, in its professional judgment, refused to carry out.”

Mr. Atta Akyea’s professional fees of, and concerning the Vivendi case, are as follows:

The sum of ¢889,088,000.00 against J. Adom Limited at the trial level at 10%, being ¢88,908,800.00. Case at appellate level, at 10%, being ¢88,908,800.00.
Mr. Atta Akyea is also demanding 10% (¢66,000,000.00) in a case he handled between J. Adom Limited versus Harry Sintim Aboagye, of which the claim sum was ¢660,000,000.00.
Again, Mr. Atta Akyea is demanding a professional fee of 10% (¢78,501,435.40), being claim on ¢785,354.00, regarding the case between J. Adom Limited and International Structures Group Limited.

That notwithstanding, the Akim Abuakwa South MP is demanding a 10% (US$9,500.00) charge on securing US$95,000.00, being part of the US$155,000.00 that was paid into his account for the purchase of building situated at the Airport Residential Area.

Another 10% is also being demanded by Mr. Atta Akyea on the US$5,000.00 he used in paying the services of some private security men, who assisted in arresting Joseph Krampah, the con man who defrauded he (Atta Akyea) and his client (J. Adom Limited) in the said transaction.

Mr. Atta Akyea, according to his statement of claim, is also demanding US$5,000.00 for professional services rendered to J. Adom Limited, in negotiations with the solicitor for the State Insurance Corporation (SIC) and solicitor for Eric Defour in securing title deed in respect of property adjacent to Joseph Adom’s house, situated at Ringway Estates, Osu, Accra.

According to Mr. Atta Akyea, he had, on May 26, 2010, submitted his professional fees to J. Adom Limited and the police.

The management of J. Adom Limited had, in May this year, reported the Akim Abuakwa South MP to the Commercial Crime Unit of the Ghana Police Service in Accra, for allegedly stealing GH¢231,080.00 belonging to the company, without the knowledge of the directors. The amount is said to be a judgement debt paid into the client account, of which Mr. Atta Akyea is the sole signatory.

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