Dawhenya unit committee and development association in legal battle

Tema (Greater Accra) 5 May ?99

A Tema High Court on Monday set aside a writ filed by the Dawhenya Development Association against the Dawhenya Unit Committee in their battle over who should run a quarry in the area.

The court presided over by Mrs. Justice Felicity Amoah ruled that Unit Committee members are not the right persons to be sued and, therefore, advised plaintiff's counsel, Mr Rex Lamptey, to advise himself accordingly.

The court upheld arguments by Mr Tanko Amadu, defence counsels that under the Local Government Instrument of 1994 (LI. 1589), the proper persons to sue is the Dangme West District Assembly, the Ministers of Local Government, Mines and Energy or the Attorney General.

This is because they are directly responsible for the actions or omissions of the unit committees or area councils.

The Prampram Area Council in January, this year applied to the Ministry of Mines and Energy to abrogate an agreement, which allows the Dawhenya Development Association to operate the quarry.

The letter was based on the argument that all rights and obligations of the plaintiff association were now vested in the unit committee or area councils including the rights accrued by the association under the quarry licence.

The Minister, Mr Fred Ohene-Kena upon recommendations of the Minerals Commission and in line with LI 1589, replied that the unit committee could take over all rights and obligations conferred on the dissolved development association.

The association, however, decided to take legal action on the grounds that it entered into a lease agreement with the government on April 1994 and registered with the Lands Registry and the Land Valuation Board to operate the quarry.

The association argued that it has mining rights issued by the Chief Inspector of Mines, valid until December 31, 1999 unless it is revoked.

It argued further that unless the court restrains the defendants, they would arrogate themselves the power to render nugatory, an agreement executed by the government.