Regional News of Tuesday, 10 December 2013
Source: Graphic Online
The Kumasi Metropolitan Assembly (KMA) has filed an appeal at the Court of Appeal in Kumasi seeking to overturn a High Court ruling that ordered the assembly to vacate the Kejetia Bus Terminal in five days.
It has also filed an application for stay of proceedings of all cases concerning the Kejetia terminal that are before the High Court pending the determination of the appeal.
Filed on behalf of the assembly by Mr Thaddeus Sory of Sory@Law, an Accra-based law firm, the assembly contended that the ruling of the High Court was not grounded in law.
It said the High Court decision that the KMA was in contempt for refusing to vacate the Kejetia terminal was erroneous.
Again, it alleged that the evidence by Freko Limited that the KMA had been served with the interlocutory injunction, which was upheld by the High Court, was fabricated.
Mr Sory will move the appeal when the Court of Appeal reconvenes in Kumasi in February 2014.
On Thursday, December 5, 2013, the Commercial Division of the High Court in Kumasi gave the KMA five days to leave the Kejetia terminal, which it took over from Freko FD Enterprise, the private company that had managed the facility for about 12 years.
The court, presided over by Mr Justice Emmanuel Amo-Yartey, said the assembly must purge itself of contempt for failing to abide by an earlier 10-day limited injunction it pronounced, following an ex-parte motion filed by Freko Enterprise.
Meanwhile, the KMA was still in control of the terminal as of yesterday.
Mr Sory explained to the Daily Graphic that legally the assembly was still clothed with the power to manage the facility.