SOPHIA A. B. AKUFFO: On October 31st 2007 this Court delivered its judgment in this matter, dismissing the appeal herein as being without any merit and reserved reasons for the judgment to the date hereof. Following therefore are the reasons for our judgment:-
By a Writ of Summons issued on March 09, 2001, Madam Gladys Anane Addo and 9 other persons (hereinafter referred to as ‘the Plaintiffs’), all claiming to be members of the Kejetia Traders Association, sued the Kumasi Metropolitan Authority (hereinafter referred to as ‘the 1st Defendant’ or ‘KMA’) and the said Association through its Chairman (hereinafter referred to as ‘the ‘Association’ or ‘the Appellant’) claiming the following reliefs:-
1. A declaration that KMA (1st Defendant in the action) is the sole body with the legal authority to allocate shops and stalls owned by KMA at Kejetia, Kumasi.
A declaration that it is unlawful for the Association (2nd Defendant in the action) to allocate shops and stalls that have been construct…