Try asking the following...
RULING
The Applicant depose that this Honourable Court granted an order of interlocutory
injunction against the respondent on the 19th day of December, 2022 to maintain the status
quo. That the said order was served on the respondent on the 20th day of December, 2022.
According to the applicant, even though the respondent is aware of the court’s order
continues to build on the land with disregard to the court’s order. Thus prays this
honourable court commit the respondent for contempt of court.
The respondent is vehemently opposed to this instant application as he has not done any
of the acts attributed to him. According to the respondent, the deponent of the application
avers that he is the lawful attorney of the plaintiff but has not attached any power of attorney to his application. The deponent however filed a supplementary affidavit with
leave of the court and attached the aforementioned power of attorney.
According to the applicant, he did indeed acquired the subject matter sometime back in
2015 from the Nii Amponsah Harley family of Afiaman through one Mr. Amegatcher
(deceased) who he later realized was the husband of the plaintiff in the substantive case.
That in or about the year 2022, he sold out the land to one Seth Adjei Atuahene who has
put up a structure on the land to the best of his knowledge. That ever since he sold his
interest in the land to the said purchaser, he has never had anything to do with the land
and has never visited same since it is not in his hands anymore. The respondent further
alleges that even though it is not his duty all attempt to bring this action to the notice to
the said Seth has been to no avail and the said Seth is not a party to this suit. That he has
full respect for this Honourable Court that is why he responded by way of defence when
the writ of summons was served on him although the land subject matter in dispute is
not in his hands anymore.
That the instant application is just a wild guess, unmeritorious and ought to be dismissed.
The applicant needs to prove certain elements to the court that indeed the respondent
ought to be committed for contempt of this court’s order. These elements include;
a. That there must be a judgment or order requiring the contemnor to do or abstain
from doing something;
b. That the said order was served on the contemnor after same was made and the
contemnor had notice of same;
c. That the contemnor knows what precisely he is expected to do or abstain from