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Crime & Punishment of Tuesday, 28 August 2007

Source: GNA

Court to hear GLOA case on September 10

Accra, Aug. 28 GNA - An Accra Fast Track Court (FTC) on Tuesday adjourned to September 10, the hearing of a motion for the abridgement of date for interlocutory injunction filed by the Ghana Lotto Operators Association (GLOA) restraining the National Lottery Authority (NLA) from going ahead with the implementation of the new Lotteries law. The Ghana Lotto Operators Association had filed a motion against the NLA seeking the court to refuse the abridgement of the date of hearing and retain the substantive date for the motion. Earlier hundreds of members of GLOA besieged the premises of the Fast Track High Court to give moral support to their leaders who had filed an affidavit to oppose a motion brought by the defence for the abridgement of the hearing of interlocutory injunction. Most of the members who were anxious to see the final determination of the motion could not hide their frustration at the turn of events when the court adjourned to September 10, 2007 for the hearing of the injunction.

In a motion supported by an affidavit, Mr Cornelius Awuku, Counsel for the Plaintiffs, GLOA, stated that the long date requested was to enable the lawyers of the respondents who are on vacation to return from their legal vacation.

He said the extension was also to enable the defendants to have enough time to put their house in order since the period between August and September was legal vacation and lawyers take time off their work. He said, he had been advised that it would be difficult to get a member of their firm of Solicitors to prosecute this action in September 2007 since almost all the lawyers travel in that month. Mr Awuku also stated that the provisions of Act 722 that affect the performance of the functions of the Defendants were under challenge in the action and the determination of the application for injunction does not determine the issues at stake in the motion.

He said paragraphs 10, 11, and 12 of the affidavits in support of the motion were false and clearly expose the defendant's bad faith, ill-motive and desire to overreach the Plaintiffs.

He said the presence and availability of the Plaintiffs lawyers for the hearing and determination of the motion for injunction was necessary and material however the abridgement of the date would be injurious to the respondents since their financial commitment were tied to the legal term.

In a motion opposed to the affidavits, Counsel for the Defendant, NLC, Mr Kizito Beyumura prayed the court, presided over by Mr. Justice K.A. Ofori-Attah to abridge the date to ensure the final determination of the injunction.

He said the NLA was performing its statutory mandate under the new law and do not see any injuries that the plaintiffs would suffer. He said some private lotto operators have been registered under the law and some were already in operation.