The Tema Metropolitan Assembly (TMA) on January 4, 2021, filed an appeal for a stay of execution at the Appeals Court over an Accra High Court’s (Commercial Division) GH¢ 5,549,740.14 judgement debt ruling against it.
In the said judgement debt case, Dekkak Construction Co. Ltd, plaintiff/respondent, sued the TMA as the defendant / appellant for its failure to comply with its part of a contract on the procurement and installation of 3,000 LED streetlights in the Tema Metropolis.
Lawyer for the TMA, Mr Raphael Agyapong, of Kwame Gyan & Associates (ATIWA Chambers), is expected to move the Motion On Notice for stay of Execution pending appeal on Tuesday, February 16, 2021.
The TMA stated in its Notice of Appeal that it was praying the Court of Appeal to give reliefs, “That the whole judgment of the trial High Court dated 16th November 2020 be set aside” also, “Any other relief(s) that this Honourable Court deems fit”.
An Affidavit in support of the Appeal sworn by Mr Felix Mensah Nii Anang-La, Tema Metropolitan Chief Executive, indicated that the said trial ended at the High Court with a judgement in favour of the Plaintiff for the reliefs: “Recovery of a total sum of GHC4,425,845.00 being debt owed the plaintiff by the defendant as a result of the supply of 3000 LED street lights, cost of installation and material used to install the said LED lights in Tema Metropolis”.
Other reliefs to be paid to the plaintiff stated in the affidavit were “Interest on the amount from November 2019 till date of final payment, damages for breach of contract and cost including legal fees.”
It averred that on the 16th day of November 2020, the Court adopted payment modalities agreed by the two parties.”
The MCE prayed the Appeals Court for variation of the said terms of payment stating, “That the Defendant/J-Debtor/Applicant herein is seeking to stay execution on the grounds of its inability to recover statutory taxes from its debtors due to the well-known coronavirus pandemic which has brought a lot of untold hardship on Defendant/J-Debtor/Applicant.
“And therefore prays this Honourable Court to vary the terms of the consent judgement so that Defendant/J-Debtor/Applicant can pay on flexible terms and conditions to sustain its functioning.”
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