NANA KOFI AMOAH vs. HON. ESTHER APPIAH & ANOR [2018]DLHC3741

Date	2018-01-22
Suit No.	CIVIL APPEAL NO. OCC/52/15
Citation No.	[2018]DLHC3741

HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.)

MERCY LARBI FOR NANA OBIRI BOAHEN FOR PLAINTIFF.

PATRICK ADU POKU FOR DEFENDANTS.

[2018]DLHC3741
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													<main id="main" class="content" style="min-height: 60rem" ><a name="OLE_LINK1"></a><a name="OLE_LINK11"></a><a name="OLE_LINK12">NANA KOFI
AMOAH<o:p></o:p></a>vs.<o:p></o:p>HON. ESTHER APPIAH &amp; ANOR<o:p></o:p>&nbsp;[HIGH COURT,
KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CIVIL APPEAL NO. OCC/52/15&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;DATE:
22ND
JANUARY, 2018<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MERCY
LARBI FOR NANA OBIRI BOAHEN FOR PLAINTIFF.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

PATRICK ADU POKU FOR
DEFENDANTS. <o:p></o:p>

HER LADYSHIP ANGELINA
MENSAH-HOMIAH (MRS.)<o:p></o:p>

JUDGMENT<o:p></o:p>

</div>The
Plaintiff herein describes himself as the Bammuhene of Awuah Dumase whilst the
1st Defendant has been described as a member of the Kumasi Metropolitan
Assembly (KMA), representing the Abrepo Junction Electoral area. It has been
observed that at the time of the trial, she was no longer the Assembly member
for the said Electoral Area. The 2nd Defendant has also been
described as the decentralized body responsible for the administrative
decisions of the Kumasi Metropolis.<o:p></o:p>In
this suit, the Plaintiff seeks to recover special and general damages from the Defendants
as well as an order of perpetual&nbsp;&nbsp;
injunction. The basis of his claims are that the Defendants caused their
workmen to flatten trips of sand, chippings, moulded blocks, gravels, pavement
blocks, etc meant for the renovation of his house numbered Plot 1, block 5
Abrepo Junction,&nbsp; Kumasi, resulting in a
huge financial loss to him.&nbsp; The
particulars of special damages as contained in paragraph 11 of his statement of
claim are : (i) Ten trips of chipping at two thousand Ghana Cedis per trip –
GHC 20,000.00; (ii) Seven trips of sand at five hundred Ghana cedis per trip –
GHC 3,500.00 and (iii) Four thousand moulded blocks at two cedis fifty pesewas
per block – GHC 10,000.00. He alleged that an area ear-marked for a Lorry Park
very close to the Plaintiff’s house was left untouched. <o:p></o:p>The
Defendants also alleged that as part of their core duties in ensuring easy
access in the municipality, they received complaints from taxi drivers and
inhabitants that a land lord along the Abrepo-Sofo line stretch of road had
deposited sand and stones on a road reservation area which said act had
distracted the operations of the taxi rank, and one Osei Bonsu who claimed to
be the land lord was extorting monies from those taxi drivers.&nbsp; The Defendants alleged that after a series of
meetings with the said Osei Bonsu and following his refusal to remove the said
sand from the road reservation, the Complaints Committee of the 2nd Defendant
recommended that the Engineers Department of the Assembly should see to it that
the sand which was the only material on the land be removed. Hence, the Plaintiff
is not entitled to his reliefs.<o:p></o:p>ISSUES FOR TRIAL<o:p></o:p>The
issues set down for trial are and which will have to be determined are as
follows:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not the Plaintiff or his
representative was given notice to remove the materials from the site?<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not the Plaintiff or his
representative attended any meeting before the complaints committee of the 2nd
Defendant in connection with the removal of the material?<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Whether or not the Plaintiff is entitled to
his claim?<o:p></o:p>