AMA Contempt Case Adjourned Again

By Stephen K. Effah
Tuesday, 20 May 2008

An Accra High Court yesterday adjourned to May 28, a contempt suit against the Accra Metropolitan Assembly and its Chief Executive, Stanley Nii Adjiri Blankson, for failing to eject hawkers from the Knustford Avenue in Accra Central Business District.

The adjournment, the third in succession, followed an affidavit in opposition filed by the assembly to contest the case, and is to afford Godfred Yeboah Dame, counsel for the plaintiff, time to respond to the application which he is yet to be served with.

Labib C. Seraphim, owner of Seraphim Department Stores, filed a motion on notice to impose a heavy fine on the assembly and commit its boss to prison for the assembly’s refusal to evict hawkers from the Knustford Avenue.

He is again seeking an order to compel the assembly and its Chief Executive to discharge their obligation by evicting hawkers from Knustford Avenue to enable vehicular access to stores in the area.

The court, presided over by Justice Victor Ofoe, on April 22, adjourned the proceedings to May 5 and subsequently to yesterday, due to the difficulty by the plaintiff’s counsel to effect service on Mr Adjiri-Blankson personally.

Mr Dame had told the court on April 22, that bailiffs had been to the assembly’s office on three occasions but did not meet the Chief Executive, hence their inability to serve him.

But Mrs Selina Fenteng, counsel for the assembly, told the court that Mr Blankson had then been out of the court’s jurisdiction.

On February 28, 2005, the plaintiff commenced action against the assembly, and on April 10, 2006, the Fast Track High Court granted the plaintiff all the relief sought.
This included an order to compel the assembly to provide vehicular access to Knustford Avenue and another order restraining the defendants from converting Knustford Avenue into a market.

The court, in granting the relief in its judgement, declared that the action of the assembly in converting the Knustford Avenue into a market for hawkers was unlawful and asked it to discharge its obligation of evicting the hawkers.

It further asked the assembly to provide vehicular access to Knustford Avenue and restrain the Assembly from ever converting the place into a market for hawkers.

The plaintiff said the AMA had for the past two years refused to carry out the orders and hawkers continued to exercise "absolute dominion" at the place, which he said is gravely hampering the lawful business activities in the area.