Judge expresses frustration at delay in hearing contempt case against Stellar Logistics
The judge presiding over a contempt case brought against Stellar Logistics and its management by four residents of Sekondi-Takoradi has expressed his frustration at the manner in which the case that could have commenced earlier had to suffer further adjournments.
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Mr Justice Edward Amoako Asante said he would no more tolerate further adjournments, stressing that he could rule on the case without hearing arguments from counsel for both sides.
He made the statement when counsel for the plaintiffs, Mr Anthony Matthews, told the court that he was yet to receive an affidavit in opposition from one of the respondents and was also in the process of filing a response at the time the court was sitting.
Counsel for the respondents told the court that all the processes had been served on the plaintiffs’ counsel and there was a proof of service to that effect.
The judge also confirmed that all the processes were on his dockets and that he was ready to go ahead with the case.
The case was, however, adjourned to October 28, 2015.
But before deferring the case, the judge warned that he would give his final ruling on the case on the said date irrespective of whether all processes had been filed or not.
On the last adjourned date, June 25, 2015, the court directed lawyers for both parties to file all the necessary documents to enable it to hear all the legal submissions to enable it to rule on the matter on July 16, 2015.
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The plaintiffs, Professor Kofi Blay, Mr Joseph Badu-Ansah, Madam Joana Quayson and Mr James Paa Kwow Pyne, brought the action against the respondents for disobeying an earlier order restraining them from removing Ammonium Nitrate under their care.
The plaintiffs alleged that the company loaded several trucks of ammonium nitrate from their facilities while the injunction was in place; an action the plaintiffs deemed contemptuous.
Other respondents in the case are Messrs Brian Taylor, the Director of Stellar Logistics, Andrew Pettican, the General Manager, Victor Baah Danquah, the Finance and Administration Manager, and Dave Cameron, a former Regional Director.
The plaintiffs had earlier filed a motion at the court praying it to declare that the respondents had been reckless and negligent, and had breached their duty of care in the handling and storage of Ammonium Nitrate.
However, the respondents maintain that they had all the necessary evidence to prove that although they did load 11 third party vehicles under their contractual obligations, it was done before they were served with the restraining order.
They contend that their handling and storage of ammonium nitrate had received approval from the Environmental Protection Agency (EPA) and the Minerals Commission, the two government institutions which had responsibility for the safe storage and handling of Ammonium Nitrate in the country.