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The Cape Coast High Court, presided over by Alhaji Justice Mohammed Mustapha, has granted an order of interim injuction on the proprietor of the iKrist Senior High School at Kasoa to refrain from using that name to operate the school.
The court also ordered the proprietor, Mr. Justice Gyeidu Otoo, to restore the original name of the school; Blessed Tutorial College, on the sign boards, walls and records of the i-Krist Senior High School.
In granting the order filed by Dr Kwaku Nsiah on behalf of the District Chief Executive for Awutu-Senya, Mr. Adams Nuhu Aduagyir, the court said both parties in the case had raised serious and fundamental issues which needed to be thoroughly delved into for justice to be dispensed to them.
He adjourned the case to Thursday, May 19, 2011. In his statement of claim, Mr. Aduagyir stated that he was the founder and sole owner of the Blessed Tutorial College which he registered in 2005.
He claimed that he invited the defendant who was his school mate at the Ashley's Business School at Adabraka, Accra to teach at the remedial school.
According to the plaintiff, when he was appointed as the DCE for Awutu-Senya in 2009, he appointed the defendant as the interim care-taker and or headmaster of the school.
He said sometime in the early part of 2010, he discovered that the defendant was no more paying money into the school's account and had also changed the name of the school to i-Krist Senior High School at the Registrar General's Department and written letters to the parents and guardians about the change of the name of the school.
He said he wrote to the defendant through his lawyer for discussions to resolve the impasse, but the defendant failed to honour the invitation and wrote back through his lawyer that he had already changed the name of the school and declared himself the Principal.
The defendant, who is being represented by Mr. Francis Gasu of Korsah and Associates, Accra, described the plaintiff's claim as wholly frivolous, vexatious and unmeritorious.
He argued that following his mother's suggestion, the defendant started running private classes in one of the rooms in his mother's house and that from that time they both parted ways as far as managing the remedial school was concerned.
He said both parties, however, continued to use the name "Blessed Tutorial College" for their respective schools.
Defendant stated that with time, when the school started developing, his mother released part of her land to him to erect infrastructure for expansion and stressed that the plaintiff at no point in time contributed to the development of the school.
He also described the plaintiff's claim as reaping from where he had not shown and, therefore, urged the court to strike out the case.
Source: Daily Graphic
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