[2017]DLSC2596 • June 14, 2017 • Supreme Court •
KWABENA OBENG AND ERIC AKWASI PREMPEH vs. KUMASI METROPOLITAN ASSEMBLY (KMA) AND KOJO BONSU
The Plaintiffs, traders and shop owners at the Kejetia Bus Terminal, constructed shops with the consent of the Kumasi Metropolitan Assembly (KMA). The Defendants informed the Plaintiffs of plans to demolish these shops as part of a rehabilitation project for the Kumasi Central Market. The Plaintiffs contended that the demolition was unlawful, lacked transparency, and that no compensation had been offered. They filed suit claiming various declarations and orders to protect their proprietary rights and livelihood.
read moreDOTSE JSC:- The Plaintiffs/Appellants/Respondents, hereafter referred to as Plaintiffs filed a writ of summons against the Defendants/Respondents/Appellants, hereafter Defendants in the High Court Kumasi claiming several reliefs which will be referred to in extenso. Due to the nature of the reliefs being claimed especially against the 1st Defendants, it was statutorily incumbent upon the Plaintiffs to satisfy the requirements imposed in section 127 of the Local Government Act, 1993 (Act 462). It must be noted at this stage that, Act 462 has been repealed by section 235 (1) of the Local Government Act, 2016 (Act 936). However, the corresponding provisions in section 210 of Act 936 are similar in context to the provisions of section 127 of the repealed Act 462. However, since at all times relevant to the cause of this action it was the repealed Act 462 that was the operating law, it is that law that will be substantially referred to herein. What then does section 127 of Act 462 prov...