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General News of Tuesday, 2 May 2006

Source: Ghanaian Chronicle

Lawyer Unhappy With Adjournment of GIA case

The lawyer for GIA-USA, LLC and Sammy Crabbe in the GIA-USA, LLC versus the Attorney General's Department, Ghana International Airlines, and the Chief of Staff and minister of Presidential Affairs, Mr. Acheampong Boateng, has described the adjournment of the case as unfortunate.

This he said was because his client has been living under stress all this while since the legal action begun. He told the Business Chronicle in an interview on Friday that the Attorney General had all the human and financial resources he needed at his disposal, but could not file an affidavit in opposition to their writ.

He was surprised Miss Gifty Offei, who represented the AG, did not know anything about the case.

"The lady didn't know anything about the case." He wondered why the state attorney did not even know the case and its number, and noted that although the Attorney General had been changed, it should not affect proceedings.

GIA-USA, LLC and its representative, Mr. Sammy Crabbe have sued the Attorney General Attorney General's Department, Ghana International Airlines, and the Chief of Staff and Minister for Presidential Affairs, claiming a declaration that the purported termination of the appointment of the management team by the Chief of Staff, Mr. Kwadwo Mpiani (3rd defendant), is null and void.

The writ also seeks for a declaration that the purported termination of the appointment of the management team by a section of the board of Directors of the Ghana International Airlines is void.

"An injunction to restrain the 3rd Defendant from interfering in the affairs of the 2nd Defendant Company is being demanded from the court," the writ said.

The other claims are for an injunction to restrain the board of directors of the Ghana International Airlines from acting contrary to the company's regulations and shareholders' agreement and general damages for breach of the Agreement.

The plaintiff is a limited Liability Company registered under the laws of Utah State in the United States of America and holds 30% shares in Ghana International Airlines Limited.

On the evening of 7th April 2006, security men claiming to be from the castle and acting on the instructions of Mr. Mpiani, entered the premises of GIA, informed the management members, including Sammy Crabbe, BMN Presbury and KK Apeadu that following their dismissal by Mr. Mpiani, they were present to ensure that they vacate their premises at Silver Star Tower.

The Plaintiff asserted that the locks on doors of 2nd Defendant's premises have been changed to prevent Plaintiff management team from accessing the premises.

The Plaintiff further noted that a section of the Board of Directors, acting without the consent of the Managing Director and other members of the Board appointed by the Plaintiff and also acting outside the normal quarterly meeting of the Board, has purportedly terminated the appointment of the management team in contravention of the regulations and shareholders' agreement.

That by these actions the Defendants have purportedly terminated the existing management agreement and breached the regulations of the company unilaterally contrary to all laid down agreements, laws and equity.