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AGYENIM BOATENG & 27 ORS v. S. K. BOATENG & ANOR, EX PARTE: AGYENIM BOATENG & ORS

March 4, 2009

SUPREME COURT

GHANA

CORAM

  • WOOD (MRS), C J (PRESIDING)
  • BROBBEY, J.S.C
  • DOTSE, J.S.C
  • ANIN YEBOAH, J.S.C
  • BAFFOE-BONNIE, J.S.C

Areas of Law

  • Civil Procedure
  • Evidence Law

AI Generated Summary

Members of the Kejetia Traders Association (Mighty 18), acting per Agyenim‑Boateng, sought to commit their chairman, S.K. Boateng, and the National Investment Bank’s Kumasi Central Branch Manageress, Evelyn Akuffo Oduro (Mrs), for contempt. The dispute arose from arrangements with the Kumasi Metropolitan Assembly (KMA) and State Housing Corporation to construct stores pre‑financed by members. After Government compulsory acquisition of the property for the Sunyani‑Kumasi road, GH¢392,062.90 compensation was paid to the Association and, by High Court order, deposited at NIB pending appeal. Following a Court of Appeal judgment on 22 May 2008 for S.K. Boateng and leave to execute on 4 June 2008, withdrawals were made mostly in June 2008. Applicants claimed Respondents withdrew funds after service of a Supreme Court stay motion filed on 28 July 2008. Applying strict contempt standards requiring a clear, duly served order and wilful disobedience proven beyond reasonable doubt, the Supreme Court found the bank records and lack of proof of service fatal and dismissed the application.