THE TEMA Municipal Director of Health Services, Dr. Deborah B. Cubagee, has dragged the Tema Municipal Assembly (TMA) and the Coodinating Director to court for threat of ejection and harassment over House No. C6/7/7 and 9 at Community 6.
She has, therefore, filed a motion at the Tema Circuit Court praying it to grant interim injunction restraining the TMA, the municipal co-ordinating director or their agents from interfering with her possession.
In a 15-point statement of claim filed on February 28, this year, by her solicitors, Modesto Kpodavia and Alfred Agbesi, the plaintiff stated that she was put in possession of House No. C6/7/7 and 9 at Community 6 by the TMA when she needed accommodation in 1987.
That the said house was not in tenantable condition and I had to re-do the kitchen, paint the whole house, plant various types of plants and trees and flowers to change the ambiance of the house.
The plaintiff stated that she pays rent to TMA which is deducted every month from her salary since 1987 and further stated that since October 2001, the first defendant (TMA) through the second defendant (Coordinating Director) started harassing her with ejection from the said house with the lame reason that they needed the premises for occupancy of the Municipal Chief Executive (MCE).
According to the plaintiff, there is a house at Community 6 for the chief executive but he has refused to move into same.
Instead, the two defendants have proposed an alternative accommodation which is very deplorable and in a dilapidated state and does not befit the position of a senior medical officer and the municipal director of health services.
Dr. Cubagee stated that because of the constant threats and harassment by the defendants to eject her, she has petitioned President J. A. Kufuor and is awaiting his response.
In an affidavit in opposition filed by solicitors of TMA, Mrs. Gertrude Torkonoo and Emmanuel Avenogbo, it was stated that the applicant has rather encumbered the official residence of the chief executive of TMA since 1987 and the said house, identified as HN C6/7/7 and 9 at Community 6, was constructed through the District Council by the Greater Accra Regional Administration for the council's chief executive.
That the applicant's stay in the house was a temporary means to help her solve the accommodation problem facing her at that time and that her continued occupation of the house has been that successive chief executives of the assembly had to operate from their own residence and a confiscated property at Community 6 which has been repossessed.
They argued that the applicant is not an employee of the assembly and the assembly is not obliged to re-accommodate her.
That in 1997, the Justice and Security Sub-Committee of the assembly invited the applicant to discuss the issue of her occupancy of the duty post meant for the MCE with the view of finding a permanent solution to the problem, but applicant failed to honour the invitation and sent a letter dated January 21, 1997, stating that the said house was allocated to her by the PNDC.
That on October 29, the applicant was advised to start preparing to vacate the house to enable the current MCE take effective occupation.
The applicant made no effort to move neither did she respond to all the inquiries to assist to settle her. Further notices were issued on November 29, and December 10, 2001 respectively but the applicant failed to respond.
Another letter dated January 21, 2002 was served on the applicant and she responded with a letter dated January 28, stating that she has petitioned the Head of State on the matter and was awaiting his response.
Ruling on this issue is slated for March 18, by Mr. Kwadwo Owusu, the Presiding Judge.
