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THE REPUBLIC V. KUMASI METROPOLITAN ASSEMBLY AND KOJO BONSU EX PARTE; KWABENA OBENG PLOT 17 BLOCK ‘A’ NEWBREMAN-KUMASI AND ERIC AKWASI PREMPEH OF PLOT 24 KROFROM-KUMASI

(2016) JELR 66069 (CA)

Court of Appeal  •  SUIT NO.: H1/42/2016  •  13 Apr 2016  •  Ghana

Coram
AYEBI J.A. (PRESIDING), TORKORNOO J. A., DOMAKYAAREH J. A.

Appearances
KWASI AFRIFA FOR APPLICANTS/APPELLANTS,THADDEUS SORY FOR RESPONDENTS/RESPONDENTS

Judgement

TORKORNOO, JA

The Respondents/Respondents are a Metropolitan Assembly and its Chief Executive. The Applicants/Appellants are Associations of Traders that conduct their business in the Kumasi Metropolis. The Appellants sued the Respondents on 25th June 2015 claiming some twelve reliefs – all attacking the manner in which the Respondents were executing two projects – the construction of Kejetia Bus Terminal and rehabilitation of the Kumasi Central Market Project. The Statement of Claim and Writ of Summons can be found from pages 10 to 21 of the Records of Appeal (ROA).

It was part of their complaints that the projects were being done outside the purview of the Urban Roads Department and the Ashanti City Engineer Unit of KMA. The Appellants urged that the projects were being surreptitiously executed by the KMA with a view to overreaching the Appellants and depriving them of their livelihood. They claimed that they had financed and built shops within the Kejetia Bus Terminal and therefore h…

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