Two employees of the Elmina Zongo branch of the ASA Savings and Loans Company Limited who allegedly kidnapped two children because their mother owed the company have been sued for assault, battery, kidnapping and false imprisonment at the Cape Coast High Court.
Suing on behalf of the children, the plaintiff and father of the two children, Mr Theophilus Attipoe, is asking for general damages in the sum of GHc1,000,000 for the psychological and emotional pain, trauma, anxiety and distress the minors had gone through.
Joined to the suit is ASA Savings and Loans Company Limited.
In his statement of claim, the plaintiff averred that sometime in 2018, his wife took a loan of GHȼ3,500 from the savings and loans company.
According to the statement, the woman partly repaid the loan and was left with an outstanding amount of GHȼ700.
It said it was agreed that that amount would be paid in weekly instalments of GHȼ190.
The plaintiff said his wife defaulted in paying the GHȼ190 agreed upon but managed to pay GHȼ120 to the defendants and same was acknowledged.
On May 2, 2018, the statement said, while the plaintiff’s children were at home watching television, the two employees of ASA Savings and Loans Company— Klusui Fiawotofo and Afi Kwawu, forcibly entered the plaintiff’s house and took the two children, without the authority and consent of the plaintiff or his wife.
It said the two employees took the children away and threatened them to produce their mother, else they would not be released.
“As young as the children are, they cried out for help but to no avail. The first and the second defendants violently shook the children to the extent that the younger child defecated on herself,” the statement said.
It maintained that the children were kept by the two defendants and at some point were left unattended to for hours in an unknown place where they were denied their personal liberty for hours.
“The conduct of the defendants occasioned trauma, pain and distress in the children. The minors have sustained great anxiety and suffered hardship in the hands of the defendants,” the statement claimed.
It said the conduct of the defendants amounted to assault, battery, kidnapping and false imprisonment and, therefore, the defendants were liable to pay compensation for assault, battery and false imprisonment of the minors.
According to the statement, a report was made at the Domestic Violence and Victims Support Unit (DOVVSU) at the Cape Coast Regional Police and investigations were still ongoing in the matter but pleaded that unless compelled by the court, the defendants had a clear intention not to compensate the minors for the pain and suffering caused them.
The court is yet to set a date for the hearing.
When contacted, Mr Attipoe confirmed the incident and said the court was yet to set a date for the hearing.
According to him, he reported the case to Child Rights International (CRI) and later DOVVSU before finally suing the company.
He said he had been approached to withdraw the case from the court and settle it peacefully but he had not taken any decision on that yet.