High Court refuses Movenpick’s lawyer audience
The Human Rights Division of the High Court yesterday refused to grant audience to a lawyer who announced herself as counsel for Movenpick Ambassador Hotel Limited in a suit brought against the hotel.
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Ms Esine Okudzeto had informed the court that she was standing in for Nene Amegatcher, who had been appointed as solicitor for Movenpick, but the court said it only knew Dowuona and Co. as solicitors for the hotel, which was sued by five medical doctors for discrimination.
Ms Okudzeto insisted there was no need for her to file a notice of change of solicitors because as far as she was concerned no solicitor had filed the necessary papers on behalf of the hotel.
To buttress her point, she said an official of the hotel had rather sworn an affidavit on behalf of the hotel.
But the presiding judge, Mr Justice Kenneth Okwabi, insisted lawyers from Dowuona and Co. had announced themselves in court on two occasions or so.
Counsel for the doctors, Prof. Kenneth Agyeman Attafuah, also wondered why Ms Okudzeto had filed a notice of appointment of solicitor, instead of notice of change of solicitor.
After a heated argument between Ms Okudzeto and the presiding judge, the court ruled that it would not recognise the newly appointed lawyer until a notice of change of solicitor was filed.
Consequently, the court adjourned the case to August 31, 2015 to enable Ms Okudzeto to file the required notice.
She obliged.
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Background
Five female medical doctors, in May 2015, sued the Movenpick Ambassador Hotel Limited and its General Manager, Mr Hauser Axle, for refusing them entry to the hotel without any basis.
According to the applicants, on February 6, 2015, they had gone to the hotel to celebrate the birthday of one of their colleagues but they were turned away because they did not have male escorts.
The applicants — Dr Katherine Attoh, Dr Emmanuella Amoako, Dr Abiba Mustapha Saeed, Dr Rushije Esi Dela Hiadzi and Dr Najat Mohammed — are praying the court to declare that the conduct of the respondents in implementing a policy of denying access to the hotel’s bar to women without male escorts is unconstitutional, unlawful or illegal and constitutes a violation of their fundamental human rights.
The first and second respondents are Movenpick Ambassador Hotel and Mr Axle, respectively.
Humiliation
The plaintiffs are urging the court to declare that the conduct of the hotel’s bouncers on February 6, 2015 ruined their evening and caused each of them grave embarrassment, humiliation and emotional distress.
They are further praying the court to hold that the hotel’s policy of denying unescorted women access to its facility constituted sexual or gender-based discrimination.
“A declaration that the respondents' policy of imposing on females, as an entry requirement to its bar, a condition of having male escorts constitutes an unconstitutional, unlawful and unjustifiable restriction on women's freedom of association,” they said.
They are also pleading for an order directed at the first and the second respondents jointly and severally to pay to each applicant significant monetary compensation for the unjustifiable violation of each applicant's fundamental human rights to dignity and freedom from sexual or gender-based discrimination.
Additionally, the plaintiffs are seeking an order compelling the respondents, jointly and severally, to pay to the applicants costs, including solicitor’s costs, on full indemnity basis.
They are also urging the court for an order directed at the respondents to cease the contravention and desist from committing the same or similar contravention, namely, discriminating against a person because of his or her sex, contrary to law.
Furthermore, they are seeking an order directed at the respondents to refrain from requiring women, or any class or group of persons, to comply with a restriction, imposition, term or condition which is based on a prohibited ground of discrimination as a prerequisite for gaining access to any of the respondent hotel's facilities and services customarily available to the public.