A KUMASI HIGH Court yesterday ordered the Kumasi Metropolitan Assembly (KMA), which is currently managing the Kejetia Bus Terminal, to vacate the place within the next five working days following an injunction sought by Freko FD Enterprise Limited.
The court said the assembly should leave the Kajetia Terminal following its earlier order.
The presiding judge, Justice Amo Yartey, before giving the order, said he had upheld the preliminary objection of Freko’s lawyer that the KMA had failed to obey an order of the court to leave Kejetia.
Richard Appiah-Nkyi, representing Freko FD, during the court’s last sitting, objected to the KMA’s application for the court to dismiss the plaintiff’s motion for the KMA to vacate Kejetia, arguing that the city authorities had not respected the court order.
He consequently prayed the court not to grant the KMA’s wish, calling also on the court to strike out the assembly’s application.
The KMA had filed a motion at the court to set aside Freko’s application for interlocutory injunction because the assembly had filed for stay of execution of the same order.
Justice Amo Yartey said after going through the arguments of lawyers of both parties, he was convinced that indeed the KMA ought to obey the court’s order by leaving Kejetia before it could move its motion to set aside the earlier order.
The presiding judge, however, stated emphatically that the court was not striking out the KMA’s application before it, urging the assembly to obey the court’s order before returning to court to move its motion.
Justice Amo Yartey, after giving his judgement, told the packed-to-capacity court that his judgement was his candid opinion about the matter so he could be wrong or right.
Speaking with journalists after leaving the court, Thaddeus Sory, lead counsel for KMA, said he respected the court’s ruling, but he was quick to state that the KMA would appeal against it.
He said, “We are filing for an appeal instantly and we shall also file for motion for stay of proceedings.”
The KMA lawyer also gave hints that the assembly had no plans of vacating the Kejetia Bus Terminal, anytime soon.
Mr. Sory said the KMA already had a motion for stay of proceedings and a motion for stay of execution before the same court “and unless those issues are heard and determined against us by the court as well as all our rights are exhausted, we are acting in our rights to be at Kejetia.”
The lawyer added that by law, the court’s order for the KMA to vacate the Kejetia Bus Terminal was suspended due to KMA’s issues which were pending before the same court.
Mr. Sory explained that KMA had a motion for stay of proceedings and another motion for stay of execution pending in respect of the same order and “this means we are within our rights to be at Kejetia.”
He stated that “the law says if you have those issues pending the order is suspended,” adding that the KMA is just exercising its rights within the laws of the land.”
For his part, Kojo Bonsu, the Kumasi Mayor, who was in court, said he respected the court’s order, stressing that he was extremely happy about the performance of his legal team so far.
Meanwhile, Madam Freda Darko, MD, Freko FD Enterprise Limited, was not sighted in court. Just like the first sitting in court, supporters of both the KMA and Freko FD thronged the court premises.
The case has been adjourned to December 11, on which date another matter in which Freko FD enterprise Limited has cited KMA for contempt and also for its arbitrary takeover of the Kejetia Bus Terminal, would be heard.