MADAM KLOKOR QUAYE FOR AND ON BEHALF OF TRADERS OF AGBOGBLOSHIE CENTRAL NO.2 MARKET AND ACCRA METROPOLITAN ASSEMBLY [2009]DLCHRAJ5968

MADAM KLOKOR QUAYE FOR AND ON BEHALF OF TRADERS OF AGBOGBLOSHIE CENTRAL NO.2 MAR... [2009]DLCHRAJ5968

Date	2009-12-11
Suit No.	Our Ref: CHRAJ/21/2007\|1649
Citation No.	[2009]DLCHRAJ5968

JOSEPH WHITTAL

[2009]DLCHRAJ5968
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<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">MADAM KLOKOR QUAYE FOR AND ON BEHALF OF TRADERS OF AGBOGBLOSHIE
CENTRAL NO.2 MARKET<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">ACCRA METROPOLITAN ASSEMBLY<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 1.0pt;
mso-border-bottom-alt:solid windowtext .5pt;padding:12.0pt 31.0pt 1.0pt 31.0pt;
mso-border-shadow:yes">

<p class="MsoNormal" style="margin-bottom:5.0pt;text-align:justify;mso-pagination:
none;border:none;mso-border-bottom-alt:solid windowtext .5pt;padding:0in;
mso-padding-alt:12.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">Our Ref: CHRAJ/21/2007|1649&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; 11-12-2009<o:p></o:p>

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext .5pt;
padding:0in;mso-padding-alt:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">DECISION<o:p></o:p>

</div>INTRODUCTION<o:p></o:p>The Complainants alleged that the
Respondent invited the leaders as well as the traders for discussions on how to
sanitise the market and the entire capital city in view of the "Ghana at
50" Celebrations. The said meeting, which was chaired by the Chief
Executive of the Assembly, took place at the Head Office of the Accra
Metropolitan Assembly.<o:p></o:p>According to the Complainant,
the Chief Executive informed those present at the meeting that the Assembly's
intent was to embark on a clean-up exercise at the capital city. The
Agbogbloshie Market happened to be on the target list. The Chief Executive gave
the traders two weeks to remove all their valuables from the market to make way
for the exercise.<o:p></o:p>Accordingly, the traders had two weeks to pack their goods from
the market. However, contrary to the initial time frame of two weeks agreed on
at the meeting, within the first week of the announcement, the Respondent
dispatched men to the market for the exercise. On the first day, the Respondent
dispatched tractors into the market at dawn and had all the so-called
unauthorised structures demolished.<o:p></o:p>According to the Complainant,
that very dawn in question, she had a phone call from a painter at the market
that a tractor had destroyed all her sheds. The Complainant stated that she
rushed to the scene very early in the morning and to her dismay, she saw the
sheds in ruins just as the painter had narrated.<o:p></o:p>The Complainant argued that the Respondent failed to disclose this
aspect of their intention at the meeting, but instead emphasised on the cleaning
up exercise leaving traders to believe that no demolishing exercise would be
conducted. The Complainant therefore considered this exercise as unfair and
inhumane, hence her petition to the Commission. The Complainant requested the
Commission to aid her recover the cost of the destroyed sheds and other
properties.<o:p></o:p>RESPONDENT'S
REACTION<o:p></o:p>In reaction to the above claims, the Respondent stated in a letter
dated 24th September 2007 that it had no idea of the said demolishing exercise
and denied execution of such an exercise.<o:p></o:p>The Commission followed up on
this letter and invited the Respondent for discussions. At the discussions on
13th February 2008, the Respondent, represented by the Head of Security and the
Head of Metro Works Department had the opportunity to look at the pictures of
the demolished sheds as submitted to the Commission by the Complainant. The
officers admitted that the Accra Metropolitan Assembly carried out the
exercise.<o:p></o:p>The Respondent explained that in the course of the announcement,
traders were asked to carry along all their valuables to make way for the
exercise. The Respondent added that the Complainant was informed of the
exercise through an oral announcement.<o:p></o:p>OBSERVATIONS/FINDINGS<o:p></o:p>It is clear that the
Respondent embarked on the said demolishing exercise. The Commission also
observed that the Respondent failed to explain or state what was meant by
"valuables" in its oral announcement. This led the traders to decide
for themselves which property they should consider as valuable.<o:p></o:p>Additionally, the Commission gathered from the discussion that the
Respondent again failed to state specifically its intention to embark on a
demolishing exercise and hence the Complainant left their s</main>