Thursday, November 11, 2010 (Page 3 Lead)
THE Accra Fast Track High Court yesterday dismissed an application from the National Hajj Committee (NHC) that prayed the court to set aside an order freezing the accounts of the Committee.
The application followed the Hajj Committee’s indebtedness of GH¢214,000 to a former member of the committee.
The plaintiff, Afaa Akeem, loaned the money to the Committee, which was paid directly to Egypt Air on November 22, 2008 in order to avoid the cancellation of the flight which had been chartered to carry pilgrims to Saudi Arabia but the Committee failed to pay back the money.
After persistent calls on the Committee to pay back his money had failed, he issued a writ at the Fast Track High Court on November 11, 2009 and got default judgement in his favour on January 28, 2010 after the Committee had failed to file its defence.
Following the court’s judgement in favour of the plaintiff and further issuance of a garnishee order, which was directed at the bankers of the Hajj Committee, the Committee, through Awudu Ariff Abubakar, filed an affidavit praying the court to set aside the plaintiff’s application for a garnishee order on the grounds that the current Committee did not have anything to do with the 2008 IHMC committee.
However, counsel for the plaintiff, Mr Yonny Kulendi, advanced arguments to prove that the current Committee had taken over the offices of the IHMC, as well as its assets and had even gone on to pay some debts owed by the 2008 IHMC.
Dismissing the application, the court held that the application filed by the Committee was without merit and was frivolous and incompetent.
The court, presided over by Mr Justice S. K. A. Asiedu, awarded costs of GH¢1,000 against Awudu Ariff Abubakar, who swore the affidavit praying the court to set aside its garnishee order.
The court would sit today to consider the plaintiff’s application for a garnishee order.
Abubakar had sworn an affidavit on behalf of the Committee and deposed that the current Hajj Committee was an unregistered body tasked by potential pilgrims to organise this year’s pilgrimage to Mecca.
It said the current Committee, among others, did not know the IHMC that borrowed the plaintiff’s money.
However, counsel for the plaintiff, in reply, argued that the Hajj Committee was not formed by potential pilgrims but by the National Chief Imam in consultation with a council of Muslim elders and chiefs, as well as the government.
Mr Kulendi contended that all other groups in the past were constituted by the Chief Imam and the other parties mentioned earlier.
He said the NHC had been variously described in the past, adding that the current Committee was a successor to the 2008 Interim Hajj Management Committee (IHMC).
Counsel further argued that the NHC thus assumed the authority and functions of the 2008 IHMC and took over all its assets, liabilities and privileges.
For instance, he said the current Committee took over the office premises of IHMC at Kanda allocated to the IHMC by the government, as well as assets such as office equipment, a Nissan Amada four-wheel drive, which was bought by the IHMC and currently being used by officials of the Hajj Committee in Jeddah, Saudi Arabia.
Mr Kulendi submitted that some of the old members of the 2008 IHMC were currently serving on the current Hajj Committee and stated, for instance, that the National Chief Imam reappointed Alhaji Osman English Kadri to serve on his behalf on the current Hajj Committee, while Sheikh Yahaya Amin was appointed as representative of a member of the Board of Trustees of the 2008 IHMC.
The plaintiff also contended that some of the debts such as debt owed to Sama Airline had already been paid by the current Hajj Committee.
The plaintiff also produced newspaper publication which proved that the National Chief Imam formed all Hajj Committees in consultation with other groups.
He contended that the Financial Report of 2008 IHMC also proved that the Committee owed the plaintiff.
He also produced documents to prove that the plaintiff’s demand notice was received and signed for on behalf of the current Chairman of the Hajj Committee by his secretary.
The plaintiff also swore an affidavit to the effect that he personally had meetings with the National Chief Imam and the Vice President, both of whom commended him for his patience and assured him that the money owed him would be paid but to no avail.
Counsel further contended that his client personally went to the current Chairman, Alhaji Benneh, to demand his money but the latter told him the Chief of Staff had paid debts owed by the Hajj Committee and there was no way he (Alhaji Benneh) could go back and demand additional payment of debts.
Plaintiff further contended that Alhaji Benneh advised him to take any action to recover his money, adding that that statement was what compelled him to go to court.
Plaintiff contended that the Committee failed to file an appeal and rather filed an affidavit praying the court to set aside the garnishee order on the grounds that the current Hajj Committee had nothing to do with the IHMC.
Counsel accordingly prayed the court to dismiss the Hajj Committee’s application, which the court obliged.
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