COMFORT LARBI AND A.M.A. [2000]DLCHRAJ5742

Date	2000-11-10
Suit No.	Our Ref: CHRAJ/245/96/303
Citation No.	[2000]DLCHRAJ5742

CHRIS A. OPOKU

[2000]DLCHRAJ5742
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">COMFORT LARBI<o:p></o:p>(COMPLAINANT)<o:p></o:p>AND<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B050">A.M.A.<o:p></o:p>(RESPONDENT)<o:p></o:p>(CHRAJ)<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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Our Ref: CHRAJ/245/96/303&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;10/11/2000<o:p></o:p>

</div>COMMISSIONER:<o:p></o:p>CHRIS A. OPOKU DEPUTY CHIEF LEGAL OFFICER<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">DECISION<o:p></o:p>

</div>In
a petition dated 4th April 1996 the complainant stated that she was granted
permission to operate on a parcel of land by the Ghana Railway Corporation in
1991. The complainant later erected a temporary structure on the land in 1994
with her benefits received from Ghana Cocoa Board.<o:p></o:p>She
further stated that a wooden Tag No.AY/015/095 given by the Ayawaso Sub
Metropolitan District Council on 16th January 1995 was posted on the front of
the structure.<o:p></o:p>However
the Assembly Task Force on 8th February 1995 went and demolished the structure
amongst others in the area. She therefore sought the Commission's assistance to
claim compensation from the A.M.A.<o:p></o:p>The
respondent's by a letter dated 2nd September, 1997 explained that contrary to law
the petitioner erected a temporary structure without the requisite permits from
the A.M.A. They further stated that it was after they demanded her permit that
the complainant subsequently applied for one. Furthermore the submission of an,
application and payment of permit fee does not legitimise an illegal structure.
The respondents also said that the identification tags are given by various sub
district offices for purposes of providing Data as to the number of traders or
business operating within their respective area of jurisdiction and also for
collection of rates.<o:p></o:p>The
respondents stated that in August 1994 they requested the complainant and other
occupiers along aviation road to produce their permits but realized none of
them had any. On 12th September 1994 notice to remove on or before 19th
September was written on all the affected structures. Thereafter a final notice
was issued to them to remove their structures before 19th November 1994. All
such notices were ignored by the complainant and others. That on 8th February
the respondents demolished the structures. The respondents also stated that the
petitioner brought a vehicle to park away her building materials during the
demolition exercise.<o:p></o:p>The parties were invited for a mediation
at the Commission's offices. In the course of mediation the Commission found
that no permit had been granted the complainant for the structure Exhibit C
tendered in support of her case turned out to be a warning letter from the
Metropolitan Engineers Department Temporary building control dated 23rd
September 1994.<o:p></o:p>Complainant
also tendered Exhibit D an application letter for Kiosk Permit dated 6th May
1994.<o:p></o:p>From
the above it is clear that complainant did not have a temporary permit before
the structure was put up. The Commission was not supplied with evidence that
any permit was granted by the A.M.A. before the demolition exercise 8th
February 1995.<o:p></o:p>In
the circumstances the Commission finds that the demolition exercise was a
lawful one. Accordingly the claim for compensation is not justified and
therefore refused.<o:p></o:p>