"A legal practitioner, Mr Kwame Agati, yesterday told the Judgement Debt Commission that the Attorney-General’s (A-G’s) Department did not file a defence"
Source: Graphic Online
A legal practitioner, Mr Kwame Agati, yesterday told the Judgement Debt Commission that the Attorney-General’s (A-G’s) Department did not file a defence in a case filed on behalf of his client for compensation for the destruction of his fence wall during the construction of the Kanda Overpass in Accra.
His client, Mr Peter Abbam, who said the construction of the Kanda Overpass had led to the destruction of his fence wall, went to court where he obtained a default judgement of GH¢260,000.
Mr Agati said though the A-G’s Department had entered an appearance, it did not file a defence in the case.
But the Department of Urban Roads (DUR) had written to the commission to the effect that Mr Abbam’s fence wall was on the land earmarked for the road and, therefore, he was not eligible for compensation.
Mr Agati took the Judgement Debt Commission through the processes that went into the payment of the amount.He told the commission that the case was started by E. Allotey Mingle and Co. and that he took over along the line.
He said he moved the application and got a valuer to value the property and indicated that the valuer went to testify in court.He said after the judgement, they garnished the accounts of the DUR.
Mr Agati said the A-G took steps to set the judgement aside, adding that the Appeals Court threw out the request to set aside the judgement and awarded costs against the A-G.He said the compensation was subsequently paid to Mr Abbam.
Mr Abbam, who was to appear before the commission, could not turn up.
Counsel for the commission, Mr Dometi Kofi Sorpkor, said at the sitting that Mr Abbam had written to say that his movement had been seriously impaired, for which reason he could not attend the sitting.
Mr Sorpkor said Mr Abbam had stated that whatever Mr Agati would say would go for him.
A Chief State Attorney, Ms Dorothy Afriyie Ansah, also appeared before the commission in relation to a petition by Rockshell International Limited against the A-G.
Explaining the genesis of the petition, the Sole Commissioner, Mr Justice Yaw Apau, said Rockshell International said it had obtained judgement against the state, for which reason the state was asked to pay it $70 million compensation.
He said the state renegotiated the case with Rockshell and Rockshell agreed to split the amount and collect $35 million.
Justice Apau said later the Public Accounts Committee invited the management of Rockshell International and asked it to pay tax on the $35 million.
He said Rockshell petitioned the commission, contending that splitting the amount had made it impossible for it to pay tax on the $35 million.He said the file on the case got burnt in the fire that engulfed the Old Parliament House, which then housed the commission.
Ms Afriyie-Ansah presented a new file on the case to the commission.
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