The Kumasi Metropolitan Assembly(KMA) may have succeeded in driving traders and transport operators from the main Kejetia terminal, but the legal battle between the assembly, led by its Chief Executive Officer, Mr. Kojo Bonsu and victims of the exercise has just begun.
The KMA Boss will on Wednesday appear before a Kumasi High Court to explain why he and the Assembly should not be cited for contempt in an application filed by traders at the Kejetia terminal.
The traders are seeking the court to commit KMA and Mr. Kojo Bonsu for contempt after allegedly disregarding an injunction notice from the court, ordering the KMA not to go ahead with an eviction of the traders and transport operators from the terminal.
The Applicants contend that the defendants have brought the administration of justice into disrepute by ignoring with impunity an injunction before the court against their decision to barricade the terminal and refuse access to the plaintiffs.
On Sunday, the KMA barricaded the whole terminal and cordoned off the area with heavily armed military/police personnel, preventing traders and transport operators from entering the premises.
The move is to pave way for the commencement of the multi-million dollar Kejetia Redevelopment Project which is set to transform the area into a modern terminal, as part of efforts by the KMA to improve traffic movement and enhance the socio-economic activities in the metropolis.
But the Applicants, made up of over 402 members of the Kejetia Traders Association, argue that the MCE acted ultra vires, in clear disregard of an application for an injunction which was before a court of competent jurisdiction.
They further averred that the deliberate extension of the exercise by the KMA to the Kejetia Bus Terminal, was illegal and a calculated attempt to strain the traders whom with the authorization of the Assembly itself, have constructed permanent stores and are paying monthly dues and daily tolls to the KMA by virtue of their occupation.
MOTION EX-PARTE
In a motion ex-parte filed before the court on June 29, 2015, the Applicants are asking the court to order the KMA and Mayor Bonsu to stop their extremely contemptuous action and also bear the cost of all losses incurred as a result of the barricade.
They claimed in their affidavit to support the motion that they have incurred huge losses as a result of their inability to embark on their businesses because of the refusal by the KMA to grant them access to the terminal.
The applicants contend that the action of the KMA and its Chief Executive was in contravention of the country’s laws and must, therefore, be committed for contempt since they have brought administration of justice into disrepute and ridicule.
PLAINTIFFS’ CLAIM
Members of the Traders Association, represented by their Counsel, Kwasi Afrifa, of O & A Consult, Kumasi, argue on the premise that since the estimate of the proposed rehabilitation project presented to Cabinet did not include the Kejetia Bus Terminal, it is an indication that the area was not part of the overall project and, therefore, should not have been included in the first place.
“Any attempt therefore to include the Kejetia bus terminal in the whole project is fraudulent and calculated attempt to infringe on the proprietary rights of the plaintiffs,” the statement noted.
<<Print>>