Chief Justice transfers Freko suit against KMA

The controversial suit brought against the Kumasi Metropolitan Assembly (KMA) by Freko FD Limited over its forced take-over of the Kejetial bus Terminal has been placed before the adjudication of another high court judge.

Chief Justice Georgina Theodora Wood effected the transfer of the case following a petition by KMA against the trial judge, Justice Amo Yartey, accusing him of having vested interest in the case.

Luv Fm’s Erastus Asare Donkor  told Joy News the KMA’s petition to the Chief Justice was hinged on certain errors they accused Justice Amo Yartey of committing  in the hearing of KMA’s stay of execution of an ex-parte order to vacate the Kejetia terminal.

Before the court could hear the case on December 5 last year, lawyer for Freko FD Limited, Appiah Enchi, raised an objection explaining the Assembly is already in contempt for disobeying an earlier order to vacate the terminal.

The objection was upheld by the court and KMA was asked to purge itself of the contempt  by exiting the terminal before its case could be heard by the court.

Lawyers for KMA led by Thaddeus Sory however maintained that the court should not have entertained the suit since the plaintiff had not given the KMA the mandatory one month notice before commencing the suit.

They also maintained that the order to vacate the terminal was never served on the Assembly, accusing the judge of taking sides in upholding the plaintiff’s objection.

The Chief Justice therefore granted the request by transferring the case to Justice Angelina Homiah Mensah of the Commercial Division of the High Court in Kumasi.

In open court on Monday January 13, 2014, Justice Amo Yartey verbally recused himself from the case.

Lawyers of Freko were not available for comments but the spokesperson to the city mayor, Sammy Gyamfi welcomed the transfer of the case to a different judge.

“We are happy that the Chief Justice has intervened in the matter and now the matter has been transferred to another judge. It gives us that comfort that we are at a level playing field”, Sammy Gyamfi intimated.

The battle between Freko FD Limited and the KMA for the Kejetia terminal subsequently resumes Monday January 20, 2014 with a change in a presiding judge.

Leave a comment. 0 comment so far.

You must be logged in to post a comment Login