COURT THROWS OUT COY'S APPLICATION AGAINST LA MANTSE OVER BEACH CASH

By Felix Engsalige Nyaaba.

The Financial and Economic Crime Division of the Accra High Court  last week threw out  an ex-parte application filed by a private company for an interim injunction on the La Mantse, Nii Kpobi Tsuru and 19 others from having anything to do with management or control of the revenue accruing from the popular  recreational centre, the La pleasure Beach.

The court said, the application to restrain the Chief and his subjects from earning from the Beach was in a bad taste, because the suit was improper before the court and therefore declined to grant the interim injunction.

The court however, rather advised the applicant to go and come back properly.

The applicant, La Oblahii Abi Limited, a private company limited, had filed an ex-parte motion for an order of interim injunction restraining the La Mantse and the 19 others as well as their agents, assigns, privies or servants from having anything to do with the management or control of the La Pleasure Beach  until the final determination of the case.

  However, in his ruling the presiding judge, Mr. Justice John Ajet-Nasam  said, the court would not allow itself to be use as a rubber stamp to endorses  anybody  personal motives  against the  dictates of the laws of the country.

He said, the court in an attempt to adjudicate matters  before  it have to also be fair and just to all who come before it and not to do  things at the whims and caprices of others.

According to Justice Ajet-Nasam, the application was ill-motivated and that there was nothing to show that the respondents have acted or about to act in a manner that would create tension or disturbance at the beach.

“The timing of this application is suspect, because there has not been any demonstration before me that there is any mayhem or seemly trouble ready to erupt over the management and control of the La Pleasure Beach,” the judge held.

He said, the holiday’s maker had trooped to the country beaches, once more at the Easter and that the court would not be part of a design to disrupt any mistaking by granting the application.

 The presiding judge said, the court was not satisfied with the application and granting it would not be in the interest of all and therefore refused  the application, saying it  was out of place and lacks merit in law.

He however, advised the applicant to come back by a notice so that the court can hear both parties and decide the matter and its merits on point of law.

The private company who in an attempt to deprive the  La Mantse , Nii Kpobi Tetteh Tsusu  and his subject  from making  revenue from the La Pleasure Beach , dragged the chief and 19 others of the La community to the Financial High Court , Accra for an injunction to restrain them from having anything to do at the Beach.

In the motion ex-parte filed by its legal counsel, Mr. Opoku Adjye, the applicant wants a declaration that, as the umbrella Association of the La Youth Association, it has the right to see the proper management of the La Pleasure Beach and account of all revenue accruing from the operation from the Beach.

It also wants an order constitution an interim management Committee to operate the La Pleasure Beach until the final determination of the case in court.

The applicant further want an order directed at the La Mantse and the 19 others to account for all the revenue generated from the La Pleasure Beach from the year 2003 to November30, 2011.

In conclusion, the applicant want an order of interim injunction to restrain the respondents either by themselves, agents, servant, assigns and privies or otherwise howsoever, from having anything to do with the management and control of the La Pleasure Beach.