Fifteen companies in charge of public toilets at Ashaiman have filed a writ at the Tema High Court against the Ashaiman Municipal Assembly (ASHMA).

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ASHAIMAN : 15 companies file writ against assembly.

Fifteen companies in charge of public toilets at Ashaiman have filed a writ at the Tema High Court against the Ashaiman Municipal Assembly (ASHMA).


Date Created : 11/4/2009 8:05:28 AM : Story Author : GhanaDistrict.Com

Fifteen companies in charge of public toilets at Ashaiman have filed a writ at the Tema High Court against the Ashaiman Municipal Assembly (ASHMA).

The writ was filed on behalf of the companies by their solicitors, Kwasi Blay and Associates on October 26.

A motion on notice of interim injunction from the Tema High Court indicates that the matter has been listed for hearing on November 4 2009.

The companies, in a copy of the writ, made available to the Ghana News Agency in Tema, are praying the court to declare that the purported termination of their agreements as contained in a letter dated October 2, 2009 was arbitrary, unlawful and a nullity.

In their Statement of Claim, the operators further asked for an order of the Court directing the Assembly to extend the agreement by a further period of 17 weeks, as a result of the illegal take over by its agents.

The writ of summons further asked for an order of perpetual injunction to restrain the Assembly and its agents from interfering with the management of the toilets during the term of the agreement as well as terminating the agreement without due process.

The companies are also praying the court for "further or any other orders as this court may direct".

In the Statement of Claim, the operators said by an agreement dated December 1, 2008 made between them and the Assembly, they were to operate, manage and control 15 public toilets within the Ashaiman Municipality as part of Government’s effort to promote public-private partnership.

It noted that "the plaintiffs have heavily invested in the management, control and proper care of the toilet facilities and any attempt to terminate the agreement without due process would cause extreme hardship and injury to the plaintiffs".

It added that the operators have been honouring their financial obligations to the Assembly, and had also spent sums of money to repair the damage caused to the facilities by the Assembly’s agents for the period the illegal take over happened.

GNA/AMA