GH - AKWASI FRIMPONG & OTHERS v. DR. SAMUEL OHENE

DENNIS ADJEI, J.A.

On 17th February, 2011, the High Court, Accra dismissed the application by the 1st and 2nd Plaintiffs/Applicants/Appellants (who would be referred to in this appeal as the Appellants) to commit the Defendant/Respondent/Respondent (who would be referred to in this appeal as Respondent) for contempt. The Appellants aggrieved by the decision of the High Court filed an appeal against it to this court on 4th March, 2011. The appellant filed only one ground of appeal. It provides thus:

“a. The Trial Judge erred in law for failing to convict and sentence the Respondents for contempt of court”.

The Appellant indicated on their Notice of Appeal that they may file additional grounds of appeal on receipt of the record of appeal but they did not file any.

The genesis of this appeal were that the Respondent herein sued and obtained judgment in the High Court in a Suit instituted: DR SAMUEL OHENE VS. FAUSTINA PANNIE WITH SUIT NO. IRL/403/2009.

The land which the Respondent obtained judgment included the land which the Appellant herein have their buildings thereon. The Appellants got to know that Writ of Possession has been issued in favour of the Respondent to recover possession of the land at Otinshie which include their respective lands. The Appellants therefore instituted an action in the High court against the respondent for the following:

“a. an order setting aside the order for demolition or possession on grounds of fraud, breach of natural justice and irregularity.

b. General damages

c. The cost of the building of 3rd plaintiff demolished by the Defendant”.

The Respondent entered appearance and filed his statement of defence and counterclaim. The Respondent thereafter executed the judgment and demolished the buildings of the appellants herein on the land. The Appellants herein filed an application for committal for contempt to commit and imprison the Respondent as his conduct constituted gross disrespect to process of the court and, furthermore, undue interferences in the administration of justice. The contempt application was dismissed by the trial High court as without merits. The 3rd plaintiff is not one of the applicants in the contempt application because her building was demolished before the plaintiffs instituted their suit at the High court.

I will now discuss the ground of appeal. The appellants only ground is that the trial Judge erred in law for failing to convict and sentence the Respondent for contempt. The Appellants who