The only public entertainment centre in the District Capital of the Ada East, Club Rubstone, popularly known simply as Rubstone hsd been banned from disc jockeying for one year.
The magistrate court in Ada on Wednesday 22nd June banned Rubstone from playing music or spinning for one year.
The presiding judge, Jonathan Avugu ruled that the bar can operate as caring centre with zero music.
This follows a suit filed by a traditional ruler, Asafoatse Kerker Zomabi lll, praying the court to put interlocutory injunction on activities of the facility.
Asafoatse Kerker Zomabi who is a resident of Ada Foah argued that excessive noise from the facility had affected his health.
He explains that ambiance from the bar causes sleeplessness in the night and could not receive or make phone calls.
He told the court that the vibration of sound shook the foundation of his building which developed cracks in the walls.
Nene Zomabi presented medical receipts as bills he incurred out of the loud noise which affected his health.
Nene Zomabi whose residence is opposite the bar presented a list and signatures of seventeen others including EZIME Guest House as victims of Rubstone’s operations.
He pleaded with the court to award a cost of five thousand Ghana Cedis (Gh¢5,000) against the defendant.
The manager of Rubstone, Mr Francis Korbi on his part told the court they have met several times with Nene Zomabi and resolved his concerns but he did not appreciate what they agreed upon.
The court officially wrote to invite the authorities of the Ada East District Assembly to declare whether where the bar is situated is approved by the the assembly, an invitation which the assembly dishonored according to the court proceedings for two consecutive times.
His Lordship Jonathan Avugu in his judgement said, the authorities of the Assembly were silent on the matter and therefore the court has taken Nene Kerker’s account to be true. He said the Assembly had named a street after Nene Kerker in the street naming exercise and that the court regards him as a true chief of the area who knows history of the community.
He ruled against the defendant and awarded a cost of three thousand Ghana Cedis(Gh¢3,000) to Asafoatse Kerker to defray his medical bills and transportation fare during the litigation.
In an interview with Mr Francis Korbi, he admitted the judgement and said indirectly the bar is closed down by the court because food and drink goes with music and now that the facility is prohibited from using music he is not sure his customers will patronise the bar as it used to be.
He wondered why the Assembly was reluctant about the matter and questioned if the assembly did not recognize the facility’s existence, why do they tax them as internally generated revenue?
Mr. Korbi also asked why the assembly gave them official permit to operate and as well allowed them to register with Food and Drugs Authority and copy-write.
He said closure of the facility will not only deprive the people from having their normal recreation but close to thirty (30) people will also lose their jobs.
In June 2015, the Ada Foah Police prosecuted Asafoatse Kerker Zomabi III to the District court for firing live arms indiscriminately which is against the public order act and also threatening a disc jockey of Rubstone by name Joseph Korletey Korle on 20th June for making excessive noise by music he was playing from the bar.
The prosecutor, Inspector Baanor told the court to remand Asafoatse Kerker since he was not cooperating with police for investigations.
The court granted Asafoatse Kerker self-recognisance bail and ordered the police to start fresh investigation.
Credit: Noah Dameh
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