Drama unfolded Monday at the premises of the Kumasi Metropolitan Assembly (KMA) when a businesswoman walked in with a bailiff to attach five heavy duty vehicles of the Assembly.
The vehicles, including a Ford Cargo trailer and DAF LF, were impounded and taken to Akwaboah Mart, an auctioneer at Gyinyasi in Kumasi, in a legal row over GH¢3.342 million judgment debt.
Juliana Osei Bonsu, Chief Executive of Osborn Ventures, a waste management company, is trying to claw back her cash in lieu of services rendered to the KMA about 14 years ago of which the city authorities have failed to pay.
The management of KMA was ordered to pay back GH¢249,188.40 and general damages of GH¢800,000 following a civil court trial at the Commercial Division in Kumasi on June 19, 2015.
The High Court found KMA had “breached its fiduciary duties” under the service contract to the creditor, who collected wastes and disposed them off on behalf of KMA.
The court, on September 26, 2019, also approved interest of GH¢994,778.24 at a rate of 33.975 percent on the principal sum from January 2008 to September 2019 for the creditor, and again awarded her GH¢800,000 as general damages.
These amounts were beside GH¢1,245,750 interest on unpaid damages from June 19, 2015 to September 2019 and judgment cost of GH¢50,000 as well as GH¢1,900 awarded during the trial on May 28, 2013, October 27, 2014, and January 30, 2015.
This brought the total judgment debt to GH¢3,341,616.64, compelling the court to ‘attach’ the movable property of KMA after management failed to honour its obligation to pay GH¢835,404 being one quarter payment due plaintiff in pursuant to stay of execution pending appeal for years.
From Ernest Kofi Adu, Kumasi