[2007]DLSC2440 • November 28, 2007 • Supreme Court •
GLADYS ANANE ADDO & 9 VS. KUMASI METROPOLITAN ASSEMBLY, KEJETIA TRADERS ASSOCIATION,
The Plaintiffs, members of the Kejetia Traders Association and original licensees of shops and stalls at Kejetia, Kumasi, contributed funds to prefinance the reconstruction of shops and stalls demolished as part of a government beautification program. The newly built shops were allocated by the Association rather than the Kumasi Metropolitan Assembly (KMA), the lawful authority. The Plaintiffs alleged unlawful allocation by the Association and sought declarations affirming KMA's sole authority, priority rights to new shops, an order for accounts, and injunctions against unauthorized allocations.
read moreSOPHIA A. B. AKUFFO On October 31st 2007 this Court delivered its judgment in this matter, dismissing the appeal herein as being without any merit and reserved reasons for the judgment to the date hereof. Following therefore are the reasons for our judgment:- By a Writ of Summons issued on March 09, 2001, Madam Gladys Anane Addo and 9 other persons (hereinafter referred to as ‘the Plaintiffs’), all claiming to be members of the Kejetia Traders Association, sued the Kumasi Metropolitan Authority (hereinafter referred to as ‘the 1st Defendant’ or ‘KMA’) and the said Association through its Chairman (hereinafter referred to as ‘the ‘Association’ or ‘the Appellant’) claiming the following reliefs:- 1. A declaration that KMA (1st Defendant in the action) is the sole body with the legal authority to allocate shops and stalls owned by KMA at Kejetia, Kumasi. A declaration that it is unlawful for the Association (2nd Defendant in the action) to allocate shops and s...