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Kelliot Royal Motors, a company registered under the laws of Ghana, dragged the Universal Merchant Bank (UMB) in front of a high court in Accra to block the distribution of 100 buses to constituency officials of the New Patriotic Party (NPP) ).
The buses are part of some 275 buses that NPP President Freddie Blay had promised to distribute to constituencies before his election.
complaints
Kelliot Royal Motors says in his writing that he had secured a loan facility of over $ 3 million to buy the buses and resell them at the party on May 13, 2018.
According to the agreement, the terms of the agreement required that Kelliot Royal Motors apply the lending mechanism to the purchase of the 100 Toyota HiAce vehicles which will then be sold to the New Patriotic Party as part of the deal. partial importation for a total amount of $ 11,412,500 for 275 buses.
The plaintiff stated that the refund of the installation had to be made from the product of the bus purchasers.
Kelliot Royal Motors further baderts that, in accordance with the agreement, its managing director, Chris Azawodie, had to personally travel to Dubai on several occasions, with the costs badociated with achieving the supply objective of said bus to Ghana.
Kelliot Royal Motors also stated that when the buses arrived in Ghana in June 2018, UMB arranged for the vehicles to be held in a bonded bonded warehouse, adding that the bank had subsequently refused to deliver the vehicles. bus to Kelliot Motors despite the many requirements imposed on the bank. contrary to the express terms of the agreement.
"According to reliable information, the defendant is vigorously and aggressively unloading the aforementioned buses to a third party outside the agreement and, therefore, denying the plaintiff his right to receive the buses as provided for and contained in said agreement" said Kelliot Royal Motors in his statement.
The plaintiff states that unless he is obliged by a court of competent jurisdiction, UMB intends to pursue the violation of the agreement "which will violate the plaintiff from the benefits contemplated in the said agreement," Kelliot said Royal Motors.
The plaintiff wants the court to declare that the 100 buses are owned by Kelliot Royal Motors.
Kelliot Royal Motors also wants the court to restrict UMB, its agencies, its agents, its badigns and all those who are under its direction and who deal with a third party with respect to buses.
& # 39; Corruption & # 39;
The Coalition for Social Justice has seized the Commission on Human Rights and Administrative Justice (CHRAJ), claiming that the bus purchase amounted to one vote and one corruption case that needs to be reviewed by the Commission.
During its investigation, the CHRAJ wrote to Mr. Blay two months ago to ask him to respond to the petition.
Photo: Mr. Blay dared the anti-graft body to provoke his arrest
The Commission also asked him to produce the customs declaration forms and other forms covering the duties paid for the vehicles.
According to the CHRAJ, this information was necessary in order to proceed with the investigation.
The CHRAJ subsequently filed a petition with the court to charge the NPP president after claiming that he had not responded to several requests from the Commission regarding the provision of information in the buses. .
The CHRAJ produced documents alleging that the NPP chairman had received the petition but had "failed", "refused" and / or "neglected" to compel the Commission to compel the Commission. He then urged the court to convict Mr. Blay in contempt.
However, the court chaired by Judge George Koomson urged CHRAJ's lawyers to serve Mr. Blay at his home, when he was informed that they had only tried to serve him with the summons to appear before the court. them in his various offices.
Although the CHRAJ could not serve Mr. Blay with the instructions of the court, the NPP Chair obtained a copy of the application and subsequently filed an opposite affidavit.
However, the CHRAJ lawyers did not have the confession when the case was called yesterday.
Objection of the CHRAJ
Bede Tuuku, who represented the commission, said in court that he had two preliminary objections to the affidavit filed by Mr. Blay's lawyers headed by Nana Obiri Boahen.
The first objection related to the reasons why Mr. Blay had filed an affidavit to the opposition while he had not been served, and Mr. Blay's second complaint was that his lawyers asked for photocopies of the court because his request for copies has still not been received. meet.
Intervention of the judge
The president of the court, however, asked how this could be a ground for preliminary objection when he had already stated that it was difficult for him to serve him in person and to give him the Impression that the president of the PNP avoided doing so.
Judge Koomson told the lawyer to "thank God" that Mr. Blay did his job (for the lawyer) in his place by filing an opposite affidavit although he did not want to do so. was not served.
Affidavit Blay
In his affidavit of opposition, Mr. Blay claimed to have been served by no proceedings from the CHRAJ tribunal but "ironically, the print was falsely created in the spirit of whole world that I'm fleeing justice. "
He baderted that the request was "imperfectly unrecoverable" and "procedurally incompetent" because there was no valid evidence "directly or remotely that proceedings originating from the plaintiff's office had been personally notified".
The President of the NPP added that he had not despised the CHRAJ and that he had not disobeyed the directives, orders or instructions of the commission.
Final judgment
In the meantime, the court ordered both parties to file their written submission at the same time within 14 days.
The court will render its judgment on July 24 to determine whether Mr. Blay should be found guilty of contempt of court.
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