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The Metropolitan Assembly of Tema (TMA) on January 4, 2021, filed an appeal for suspension of execution before the Court of Appeals for a debt judgment of GH ¢ 5,549,740.14 from the Superior Court of Accra (Commercial Division) which ruled against him.
In that judgment debt case, Dekkak Construction Co. Ltd, plaintiff / defendant, sued the TMA as defendant / appellant for failing to fulfill its part of a contract for the acquisition and installation of 3,000 LED street lights in the metropolis of Tema.
TMA attorney, Mr. Raphael Agyapong, of Kwame Gyan & Associates (ATIWA Chambers), is expected to file the Motion on Notice of Stay of Enforcement pending appeal on Tuesday, February 16, 2021.
The TMA stated in its Notice of Appeal that it was praying to the Court of Appeals to grant reparations, “That the entire judgment of the Superior Court of first instance dated November 16, 2020 be annulled”, also, “Any other reparations ( is) that this Honorable Court deems it appropriate ”.
An Affidavit in support of the Appeal sworn by Mr. Felix Mensah Nii Anang-La, Executive Director of Tema Metropolitano, indicated that said trial ended in the Superior Court with a judgment in favor of the Plaintiff for reparations: “Recovery of a total sum of GH ¢ 4,425,845.00, being the debt of the defendant by the defendant as a result of the supply of 3000 LED streetlights, installation cost and material used to install said LED lights in Metropolis Theme ”.
Other compensations to be paid to the plaintiff indicated in the affidavit were “Interest on the amount from November 2019 to the date of final payment, damages for breach of contract and costs, including legal fees.”
He affirmed that on November 16, 2020, the Court adopted the payment methods agreed by the two parties ”.
The MCE prayed to the Court of Appeals for the variation of said payment terms stating, “That the Defendant / J-Debtor / Applicant in this document seeks to stay the execution due to its inability to recover the statutory taxes of its debtors due to the good- known coronavirus pandemic that has brought many incalculable difficulties for the Respondent / J-Debtor / Applicant.
“And therefore, begs this Honorable Court to vary the terms of the consent judgment so that the Respondent / J-Debtor / Applicant can pay in flexible terms and conditions to maintain its operation.”
Source: GNA
