Atta Akyea in showdown with J. Adom

Posted: March 17, 2011 in Crime, Health
Tags: , , ,

The outspoken New Patriotic Party (NPP) Member of Parliament (MP) for Akim Abuakwa South, Lawyer Atta Akyea, will on Tuesday, March 22, 2011, come face-to-face with the management of J. Adom Limited at the Commercial Court in Accra, in his attempt to recover US$81,569.20 and GH90,751.22 being legal fees for professional services rendered to the latter, from 2003 to 2009.The two are expected to thrill the court with interesting arguments and counter arguments, since the controversy surrounding their claims generated much public discourse in August 2010.

Atta Akyea’s appointment was on February 25, 2010 terminated by the management of J. Adom Limited for allegedly embezzling an amount of GH¢231,081.00 belonging to the construction firm, without the knowledge of the directors.

The amount is said to be a judgment debt paid into the client’s account, of which Mr. Akyea is the sole signatory. He was also accused of embezzling US$60,000 out of a US$155,000 earmarked by the company to purchase a building situated at the Airport Residential area, a prime suburb in Accra.

A complaint was subsequently lodged against the legal mogul at the Commercial Crime Unit of the Ghana Police Service Headquarters in Accra for criminal charges, however, Mr. Atta AKyea has denied all the allegations leveled against him, and noted that the action taken by his former client was a calculated attempt to tarnish his image.

Believing that he committed no crime, and therefore, behaved fairly towards his former employer, Mr. Akyea, on Monday, August 23, 2010, filed a suit at an Accra High Court for the recovery of US$81,569.20 and GH90,751.22, being fees for legal services rendered.

In the said suit, Atta Akyea is seeking a declaration that he is entitled to exercise lien over all monies he (Atta Akyea) had recovered for the defendant, and has a right to offset against professional fees. He is also seeking an order for accounts.

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 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 asserted that in respect of 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 C882/2001, on TotalFinalElf Ghana Limited versus J. Adom Limited, the latter 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 prevent 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 Justice Frances Owusu Arhin.

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

The statement of claim again, noted that in another case – 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 ruled in favour of J. Adom Limited, but the plaintiff was never paid his entitlement.

The charges, according to Mr. Atta Akyea, in the said case, include; 10% (¢214,777,768.31) claim of defending Suit No. AC 2/2003 in the sum of ¢21,477,776,831.

10% on counter claims:
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 noted 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 paid into his account for the purchase of a 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 him (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 solicitors for State Insurance Company (SIC) and solicitor for Eric Defour in securing title deeds in respect of property adjacent to Joseph Adom’s house situated at the Ringway Estates, Osu, Accra.

According to the plaintiff, he, on May 26, 2010, submitted his professional fees to J. Adom Limited and the police.

Advertisements
Comments
  1. he blog was how do i say it… relevant, finally something that helped me. Thanks

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s