Sole Commissioner directs petitioner to go back to court
The Sole Commissioner of the Judgment Debt Commission, Justice Yaw Appau, has directed a petitioner who brought a case pending at the Accra High Court to the Commission, to pursue it at the court.
The petitioner, Prince John Baidoo, who is the Chief Executive Officer of Megrey Construction, petitioned the Commission on the failure of the Ghana Civil Aviation Authority (GCAA) to pay in full work done by his company.
According to Mr. Baidoo, Megrey Construction was awarded a contract by the GCAA in 2003 worth GH?174, 239.40 for the landscaping of the frontage of the Kotoka International Airport.
He said even though the construction company encountered numerous problems during the course of the project, it managed to complete, and handed it over to the GCAA.
He said the GCAA, however, paid GH?39, 300, and has since failed to pay the balance as promised.
According to him, one Mr. Paul Boateng who was given a subcontract by the Megrey Construction to provide black soil for the project sued the company for non-payment of his money at the High Court, leading to the garnishee of the account of GCAA by which he succeeded in getting his money, plus the interest.
He noted that the GCAA, however, failed to pay to Megrey Construction, the balance which now stands at more than 2.8 million Ghana Cedis, including interest calculated from the year 2005 to date.
Appearing before the Commission on Wednesday, however, Mr. Akoto Ampaw, who is the GCAA counsel, said the case which was before the Commission is already pending at the Accra High Court.
Mr. Justice Appau, therefore, directed Mr. Baidoo to follow the case in court as the Commission could not hear it.
Mr. Baidoo, however, told the Commission that Mr. Justice Asiedu, who first sat on the case, advised that the case be followed at Mr. Justice Ofori Atta’s Court, since it had a similarity with that of Mr. Paul Boateng.
He, however, failed to prove to the Commission the application for consolidation and its order, saying it was an oral declaration from Mr. Justice Asiedu.
Mr. Justice Appau, however, did not accept his explanation, explaining that the case by Paul Boateng was completely different and the Megrey Construction could not rely on that.
He, therefore, advised Mr. Baidoo to continue the case at the court where he first filed the writ summon.