General News of Friday, 8 February 2002
A Kumasi High Court has issued an order of limited injunction restraining the Kumasi Metropolitan Chief Executive, Mr Maxwell Kofi Jumah, Subin-Metro Council and the assemblyman for New Amakom from continuing with the development of shops at the sanitary area at Afful-Nkwanta in Kumasi.
The court, presided over by Justice Francis Kusi-Appiah, further restrained the defendants from doing anything that would obstruct the use of the sanitary area and in particular the 30-seater place of convenience for 14 days.
The court, however, indicated that the defendants reserved the right to return to court to get the order discharged. Mr Kofi Nsiah, the plaintiff in an affidavit in support of his claim, said he was granted permission by the Subin Metro Council to construct a toilet facility and operate it under a "franchise" management agreement.
Based on that he constructed a 30-seater water closet toilet at a cost of 240 million cedis on the land the Council earmarked for sanitary purposes. The plaintiff said under the franchise agreement he pays 240,000 cedis to the KMA at the end of every month. The facility was being operated without any impediment until about a month ago when the Council and the Assemblyman started constructing shops on part of land.
He said the defendants were carrying out their illegal development with haste, adding "the construction of the shops is such that their completion will make it impossible to empty the cesspit anytime it is full".
He said notwithstanding the fact that he would lose the money he invested in the provision of the facility, the shops were being built in such a manner that if the defendants were not restrained, the water closet would be destroyed and the people would be denied the benefit of its use.