Modex Oil Discontinues Case Against A-G, GHA

From Sebastian R. Freiku, Kumasi  

A Human Rights, Labour, Land, Financial (Economic) Crimes court in Kumasi, presided over by Mr. Justice Paul K. Richardson, last Friday, upheld a motion by Modex Oil Company Limited, per its Managing Director, Mr. Kwabena Appiah, seeking a discontinuation of a case against the Attorney General and the Ghana Highways Authority (GHA).

Mr. Justice Richardson indicated, however, that the plaintiff had the liberty to come back and seek justice, if he so desired.

On November 26, 2012, the court granted an order of interim injunction against the Attorney General and the GHA being sought by the plaintiff.

The plaintiff had earlier challenged the directives of the GHA and the Regional Co-ordinating Council (ARCC) to halt any further development and destruction to road infrastructure on a section of the Breman-Kumasi highway in Kumasi.

The plaintiff had sought a declaration of the Kumasi High Court (Human Rights Division) that he could elect to lawfully and economically enjoy its property Nos. 5 and 7 at Breman, on the Kumasi-Offinso road, not in a hanging posture, but on level ground.

The company also sought a declaration of the court that the demand of the second defendant for the payment of GH¢146,065.64 or GH¢85,000.00 by the plaintiff, for alleged destruction of a protective wall embankment, was wrongful.

In another development, Mr. Kwabena Appiah, Managing Director of Modex Oil Company, would on February 25, 2013, appear before the Kumasi Circuit Court (3), presided over by Mr. Justice D.W. P. Amedior.

He is facing a charge of encroaching on a Ghana Highway Authority (GHA) road reservation and infrastructure.

Mr. Appiah, who has pleaded not guilty to the charge, was granted bail in the sum of GH¢150,000.00 on December 14, 2012 by the Court.

Modex Oil company is said to have breached sections 17 (1), (2), (3), (4) a, b, c, (5) (6) (8) and (9) of the GHA Act 540 of 1997.

 

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