A Cape Coast High on Friday ruled for the demolition of the Kotokuraba market to pave way for the construction of an ultra-modern market in the Cape Coast Metropolis.
The market was supposed to have been demolished on October 1 this year, but due to a motion of stay of execution filed by eight aggrieved traders of the market, the process delayed in which the Omanhen of the Oguaa Traditional Area, Osabarima Kwesi Atta II, pleaded with the court to allow him to amicably settle the case out of court, which did not materialized since the plaintiffs failed to sign the settlement report.
There was joy and excitement when the Court presided over by Justice Kwesi Dapaah ruled for the demolition of the market since many people in the metropolis were eager to see the construction of the ultra-modern market.
In his earlier submission Mr Kwadwo Tuffour Counsel for the eight aggrieved traders, made claims of unbearable economic hardships coupled with other health related issues that his client were bound to face should the market be pulled down, adding that the traders have consequential rights to a befitting place to do their businesses.
For his part, Mr Harry Hayford Counsel for the defendants, cited numerous effects, some of which include huge financial loses to the Government of Ghana, waste of time and disappointment to the people of Cape Coast should the court stop the contractors from continuing with the construction of the ultra-modern market.
The judge Justice Dapaah, by the submissions put forward by both counsels ruled that the Assembly could demolish the market after midnight of December 19th 2014, if they met all the conditions of the court.
Some of the conditions to be fulfilled were that, each of the applicants and the members of the Concerned Traders Association shall be given a written alternative note in the ultra-modern structure, also each of the applicants shall be handed the keys to their stores in not less than seven days.
Justice Dapaah in his ruling noted that though the traders stood the chance of facing hardships, the greater of it would be on the defendants and that the hardships of the plaintiffs were only temporal, adding that the project would benefit a large number of people in the Cape Coast Metropolis including the plaintiffs themselves.
For close to 45 minutes, the court room which was filled to capacity was as quiet as the cemetery as the judge read his judgment.
Justice Dapaah prior to the ruling cautioned both parties and their supporters to desist from unnecessary reactions at the court premises and that anyone caught would face the full rigorous of the law.
On the September 24, 2014, eight aggrieved traders filed a motion of stay of execution to stop the demolishing of the Kotokuraba market to pave way for the construction of an ultra-modern market.
Osabarima Kwasi Atta II, the Omanhen of Oguaa Traditional Area in the process of the trial of the case prayed the court for a possible out of court settlement which was granted. The Omanhen was however not successful in an attempt to settle the case amicably at his palace and the matter was subsequently brought to court for trial. GNA