GHANA TRADITIONAL CATERERS ASSOCIATION PER ITS PRESIDENT vs. KUMASI METROPOLITAN ASSEMBLY AND IN THE MATTER OF APPLICATION FOR COMMITTAL FOR CONTEMPT AND THE REPUBLIC vs. NANA ASANTE AND 5 OTHERS EX PARTE: GHANA TRADITIONAL CATERERS ASSOCIATION (PER ITS PRESIDENT)

AYEBI J.A. This appeal is against the ruling of a Kumasi High Court dated 1st February 2008. In the said ruling the trial judge purported to dismiss the appellant’s application for committal for contempt against the six respondents. Looking at the record of appeal and the grounds of the appeal, a very detailed recapitulation of the facts leading to the ruling is not very important for the determination of the appeal. It is sufficient to only refer to the claim of the appellant and the orders of the trial court so far as they concern or affect the respondents. Originally, the appellant as plaintiff sued the Kumasi Metropolitan Assembly (KMA) for the following reliefs: (i) A declaration that the plaintiff who are lawful tenants for the defendant are to be given the first option in the allocation of the shops at Kejetia popularly known as Chop Bar Area. (ii) A declaration that it was illegal and unlawful for the defendant to take over the construction of the building at Kejet.....