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23.03.2006 Regional News

Court of Appeal reverses judgement of High Court

By GNA

Kumasi, March 23, GNA - The Court of Appeal has reversed the judgement of a Kumasi High Court which barred the Ashanti Secondhand Shoe Sellers Association from carrying on with their commercial businesses near the railway line. The High Court, presided over by Mr Justice J.K. Abrahams on May 30, 2003, ordered the demolition of 16 commercial stores belonging to the association and in addition asked them to pay 50 million cedis for damages to the property of Union enterprise.

Ashanti Secondhand Shoe Sellers Association per its chairman, Nana Samuel Kofi Boateng secured an injunction on a disputed land between the association and Union Enterprise, which has Nana Akwasi Agyemang as the Managing Director. After the expiration of the injunction, the court ruled in favour of Union Enterprise in the substantive case and ordered the demolition of the 16 stores and the fine of 50 million cedis for destruction. The association appealed against the ruling and the Court of Appeal reversed the High Court's judgement. The Court of Appeal in its ruling said the order of the High Court was wrongful and or against the law and therefore asked the association members to continue to carry on their commercial activities at where the demolished stores used to be.

The court also ordered Union Enterprise to refund the 50 million cedis being the fine imposed on the association, which was withdrawn by defendants while the case was pending an appeal. It therefore gave Union Enterprise seven days to comply with its orders in accordance with its rules. The Court of Appeal also ordered that notice of entry of judgement must be served on the defendant by substituted service by pasting judgement and order at the High Court notice board in Kumasi and the last place of abode of Nana Akwasi Agyemang at Manhyia extension. An affidavit in support of an ex-parte motion filed by Nana Boateng said on March 10, 2006, the Court of Appeal allowed the plaintiff's appeal thereby reversing the judgement of the lower court. It said since then all attempts to have the defendant served with notice of entry of the said judgement of the appellate court has proved futile.

The affidavit therefore, prayed the court for an order to be served on the defendant with a copy with notice of entry judgement by substitution be granted by pasting a copy at the High Court notice board and a copy at the defendant's last place of abode at the Manhyia extension, Kumasi for seven clear days.

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