Modex Oil Md Beats Retreat In Court …Files For Discontinuance Of Suit Against A-G, GHA
From Sebastian R. Freiku, Kumasi
A HUMAN Rights, Labour, Land, Financial (Economic) Crimes court in Kumasi has adjourned to February 25, 2013, a case in which Modex Oil Company Limited, per its Managing Director, Mr. Kwabena Appiah, filed a legal suit jointly and severally against the Attorney General and the Ghana Highway Authority (GHA) to consider a motion for the discontinuance of the case at the instance of the plaintiff.
At the last adjourned sitting last Friday, the motion had not been properly listed before the court, hence the adjournment to enable the judge, Mr. Justice Paul K. Richardson consider the merits of the case.
Mr. Justice Richardson said until the motion is properly listed before him, he could not consider the merits and adjourned the case accordingly.
On November 26, 2012, the court granted an order of Interim injunction against the Attorney General and the GHA sought by the Plaintiff.
The plaintiff had in December last year challenged the directives of the GHA and the Regional Co-ordinating Council (ARCC) to halt any further development and destruction to road infrastructure of a section of the Breman-Kumasi highway.
The plaintiff, per his counsel, Lawyer Agyabeng G. Akrasi of Wuowoti Chambers in Accra, according to a writ of summons filed on November 23, 2012, sought a declaration of the Kumasi High Court ( Human Rights Division) that Plaintiff 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 a level ground.
The company also sought a declaration of the court that the demand by the second defendant for the payment of GH¢146, 065.64 or GH¢85, 000.00 by the plaintiff for alleged destruction of protective wall embankment.
Modex Oil Company is also seeking a perpetual injunction to restrain defendants from interfering with plaintiff’s enjoyment and development of its properties.
Lawyer T. G. Quarcoo representing the second defendant Ghana Highway Authority has since entered appearance to contest the plaintiff’s claims until the plaintiff sought to discontinue the case.
Meanwhile, a Kumasi Circuit Court (3), presided over by Mr. Justice D.W. P. Amedior, last Friday, also adjourned to February 13, 2013, a case in which Mr. Kwabena Appiah, Managing Director of Modex Oil Company Limited is facing a charge of encroaching on a Ghana Highway Authority (GHA) road reservation and infrastructure.
Miss Anna Franklina Opoku, a State Attorney is prosecuting the case on behalf of the law office.
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.
In November last year, the Buffalo Unit of the Ghana Police Service in Kumasi arrested Mr. Kofi Akosah, the Manager of the Breman branch of the Modex Oil Company, following the company’s breach of the provisions of sections 17 (1), (2), (3), (4) a, b, c, (5) (6) (8) and (9) of the GHA Act 540 of 1997.
The arrest of the manager followed a complaint by the Regional Director of the Ghana Highway Authority (GHA), Inj. Sitsofe David Addo in connection with the encroachment on a reservation and destruction of a road infrastructure by the oil company.
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