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November 24th , 2024

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George Eduah

A year ago

DUAL IDENTITY: KUSI BOATENG'S LAWYER FAILED TO ADVISE HIM APPROPRIATELY JUDGE

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The complaint that Victor Kusi Boateng, a key officer at the National Cathedral, brought against a North Tongu Member of Parliament (MP) for publicising, among other things, personal facts about him has recently been dismissed.

After hearing both sides of the argument, the court came to the conclusion that the applicant in the case did not have the legal right to bring the lawsuit and that there were in fact two different people pretending to be the same person.


In the documents filed with the court, Kusi Boateng claimed that he was also known by the alias Kwabena Adu Gyamfi. However, the judge ruled that his claim was fraudulent because all of the information of the two people were completely different.


The judge who presided over the case expressed worry in his decision about the lack of the clergyman's solicitors to bring his attention to the egregious violation.


The importance of fac. was emphasised both in points 89 and 90 of the ruling. The text looked like this:


"89. The evidence before this court reveals a pattern of duplicity and lack of transparency on the part of the applicant that borders on criminality. It is unfortunate, to say the least, that the applicant's counsel was unable to appreciate the import of his client's behaviour and to advise him appropriately.


"90. As was mentioned earlier, in order for this court to interpret the identity of the applicant who initiated this case due to the dispute over his actual identity, it had to diligently comb through the entirety of the information that was brought before it.


"Having established that the applicant, who describes himself as Kwabena Adu Gyamfi alias Victor Kusi Boateng operates in two distinct and separate identities concurrently, the question which of the applicant's two identities is the originator of this action is relevant. This is because the answer to this question will enable the court to make specific orders at the conclusion of the case. "


"In other words, the court must determine whether the applicant in front of it is Kwabena Adu Gyamfi, who was born on the 30th of December 1969, and whose mother's maiden name is Yaa Gyamfua, or Victor Kusi Boateng, who was born on the 7th of September 1971, and whose mother's maiden name is Agnes Attah,"


As part of the verdict, the court decided that Ablakwa should pay cost in the amount of 10,000 cedis.


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