KMA fights back Freko FD over management of Kejetia Lorry Terminal

KMA fights back Freko FD over management of Kejetia Lorry Terminal
Source: Ghana|Myjoyonline.com
Date: 11-12-2013 Time: 03:12:57:pm

City authorities in Kumasi are heading for the Appeal Court in a bid to secure a discontinuation of legal proceedings with Freko FD over management of the Kejetia Lorry Terminal.

A High Court, last week, gave the Kumasi Metropolitan Assembly (KMA), five days to vacate the terminal it took over from the private manager, citing breach of contract.

The Assembly has ignored an earlier injunction granted by the court to Freko as it filed for stay of execution. The city authority is seeking to evoke an alleged violation of the Local Government Act by Freko in going to court to reclaim the management of the facility.

Luv FM's Erastus Asare Donkor reported that portions of the KMA's appeal sighted indicate lawyers of the Assembly have challenged Freko's failure to give KMA one month notice before initiating the legal action.

This, according to the KMA, is contrary to section 127 of the Local government Act (Act 462), which mandates individuals or institutions seeking to sue an assembly to give a-10-day notice.

KMA's continued occupation of the Kejetia terminal is justified by its counsel, who said their client's action is within the law. The Assembly has filed a stay of execution of the order handed down by the high court. It has also filed a stay of proceedings pending hearing of an appeal it has filed against the ruling of the high court to restore management of the terminal to Freko.

Speaking to Luv News, Sammy Gyamfi, Spokesperson for the KMA Mayor noted, "we are dissatisfied with that ruling and we had filed an appeal. As a matter of fact, we filed the appeal and a stay of proceedings within one hour of the delivery of the said ruling. So, as we speak now, we have an appeal pending in the Appeal's Court, Kumasi Division, and we also have a stay of proceedings pending before that same court.

"Now, only yesterday, our lawyers again filed a stay of execution a copy I have before me now, basically, to hold the said ruling in abeyance until the stay of execution is heard and determined on the 23rd of December.

"We are still at Kejetia continuing the good work we are doing for the good people of Kumasi. Even when the said ruling is in force, what it means is that, we are still within the law".

Meanwhile, the judicial service has denied a newspaper report that there are moves to transfer Justice Amu Yartey, the presiding judge in the case.

Regional administrative officer, Twumasi Ankrah says the report in the Ashanti Independent newspaper is incorrect.

Meanwhile, the Assembly says it has bagged over 450, 000 Ghana cedis from the Kejetia Terminal, barely one month after taking over management of the facility. Now officials said they are making almost five times what Freko used to pay monthly to KMA.

Nhyira FM's Ohemeng Tawiah reported that the Assembly said, since taking over the management of the terminal, it realizes between GHC10,000 and GHC12,000 daily in revenue, noting that the high revenue was as a result of adoption of transparent management systems, which ensures all revenues are accounted for.

For instance, proceeds from toilet facilities with a daily attendance of at least 60,000 people, which hither to were not accounted for by previous managers contributes at least GHC1,900 daily, KMA officials indicated.

KMA's Deputy Security Co-ordinator, Ebenezer Opoku Alooke said, Kejetia is better off  under KMA's supervision.

"At first, there was only one exit into the terminal. So, if anything at all, it will be a disaster for Fire Service to come in but we have been able to create another way through Bantama taxi rank.

"KMA were getting around 850 million (old cedis) but for now, I can emphatically say that from the time that we took over the terminal up to this time, we have got more that 4billion (old cedis). so, it tells me that KMA is getting more money than having Freko into the terminals”, Mr. Opoku noted.

Meanwhile, Mr. Opoku said KMA will embark on a serious decongesting exercise to ensure free flow of traffic.

According to him, the terminal is meant for commercial transports within the metropolis but currently it has been turned into a place for long distance commercial vehicles, which he noted is not good for the terminal.

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