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Court slaps KMA with Order of Mandamus

Thu, 8 Jan 2009 Source: GNA

Kumasi, Jan. 8, GNA - A Kumasi High Court has issued an Order of Mandamus to the Kumasi Metropolitan Assembly (KMA) directing it to re-allocate stores, shops and stalls at the Kejetia terminal to members of the Kejetia Traders' Association before Friday January 16, 2009. This follows the refusal of the Assembly to discharge its statutory obligation of re-allocating the stores to the traders, the original licensees of the facilities.

The court presided over by Mr Justice E. Gyinae, gave the order in Kumasi on Tuesday after Mr Ernest Owusu-Dapaah, counsel for the traders' association and Mr Patrick Adu-Poku counsel for the respondent had made their submissions on the case.

The Supreme Court on October 31st last year ruled that the original licensees of the stores, shops and stalls reconstructed at Kejetia were entitled to be given first option in the KMA's allocations. It further declared that under the laws of Ghana it was only the KMA that had the authority to allocate those stalls or shops at the Kejetia terminal and it behoved on it to perform such function. The traders were said to have paid various sums of money to the KMA for the rehabilitation of the shops and the stores but after their completion, the KMA allocated them to other people who were not members of the Association. The court, therefore, awarded GH¢4,000 against the KMA.

Source: GNA