AMA sued for closing down LPG plant

December 1, 2007 (Back page)

Story: Mabel Aku Baneseh

A Liquefied Petroleum Gas (LPG) filling plant situated at Dansoman, H. Adjei Ventures, has sued the Accra Metropolitan Assembly (AMA) and its chief executive for illegally closing down the gas plant.
The plaintiff is praying the Accra Fast Track High Court to declare as illegal the closure of the plant by the assembly as well as order the defendants to allow the plaintiff to operate.
In the alternative, the plaintiff is praying the court to award special damages of ¢3.75 billion being the cost of setting up the gas filling station.
A statement of claim accompanying the writ filed on behalf of the plaintiff by Mr Joseph Akyeampong, a legal practitioner, also prayed the court to, in the alternative, order the defendants to pay special damages of ¢7.8 million being daily sales from October 9, 2007 till date of final judgement.
The plaintiff is also praying the court to award costs against the defendants.
According to the statement of claim, the gas plant had been granted permits by the AMA, the Environmental Protection Agency (EPA), the Ghana National Fire Service (GNFS), the Atomic Energy Commission (AEC) and the National Petroleum Authority (NPA) to operate in accordance with the law.
"On November 23, 2005, the AMA in response to a confirmation of the zoning status of the area informed the plaintiff of its approval in principle for the establishment of the gas filling station by its planning committee", the statement of claim said.
The plaintiff stated that the AMA said its (AMA's) approval was based on the fact that the area had assumed a mixed zone status which was in conformity with the Odorkor South revised layout.
According to the plaintiff it complied with all the recommendations of the authorities which granted it permit to operate the gas plant.
It said on October 9, 2007 the AMA through its chief executive unjustifiably and in contravention of its own assurances to allow the plaintiff to operate, caused its agents to close down the plant.
The plaintiff further stated that the defendants’ action had caused it enormous loss of its investments.
It accordingly prayed the court to grant its reliefs, since the defendants acted in contravention of the law.