22-storey building saga: Director of KASS PLUS Company convicted for contempt

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The Human Rights Division of the Accra High Court, presided over by Justice Nicholas Mensah Cudjoe Abodakpi, has convicted Adamu Awudu, a director of KASS Plus Company, for contempt.

The court, in sentencing the representative of the 1st Respondent (KASS PLUS Company) to a fine of 2,500 penalty units, (GHc14, 400), said if they defaulted, “the respondents shall serve three  months’ imprisonment and forfeit the fine.”

The contempt application was titled “The Republic vrs KASS PLUS Company Ltd and  Samuel Hinson; Ex-parte Association International School.”

It was the case of the applicant that the construction activity  of a supposed 22-storey building in Airport Residential Area poses health challenges to the residents and the school children.

The applicant also raised issues about the fact that the contractor had no building permit, and therefore had no legal basis to begin construction of the said build.

The contractor was only granted permit to demolish old structures and not to build, the applicant said.

The court, in its ruling, said “construction activities on the site shall cease forthwith until a valid permit for construction is obtained and proof of same filed before this court.”

The court held that: “The 1st Respondent, KASS PLUS, understood the order of the court for them to construct the reinforced concrete retaining walls and then leave the site until the application, which was filed on 23/07/2019, had been determined by the substantive judge, but they chose to ignore that order.

“The order of 27/08/2019 was  clear in scope and time. As the order was given upon the request of the 1st respondent.

1st Respondent’s conduct was wilful and in violation of the court order,” the court said.

The court noted that despite the filing of the contempt application, 1st Respondent continued to build.

The court also said the Ayawaso West Municipal Assembly, purporting to extend the time for 1st Respondent to build, was clearly out of place.

The judge said all four essential elements to establish a contempt application had been established beyond reasonable doubt by the applicant, AIS.

The respondents were therefore found guilty and convicted for contempt.

In court, when the case waa called for ruling, KASS PLUS was represented by Adamu Awudu, a director of the company, while the 2nd respondent was not in court.

The applicant; AIS, was represented by Mr Caseley Doryumu and Belinda Pwamang Esq as counsel.

Lawyer Sammani Zachary Esq. appeared as counsel for the 1st respondent; KASS PLUS.

Source: Daily Heritage