IN RE ONNY (CONTEMNOR)

JUDGEMENT OF ANTERKYE J.

This is an application by the applicant, the plaintiff in suit No. 591/66-entitled:

"J. K. Ohene, Head of Ghana Society of Religious Liberals

Plaintiff

versus:

M. A. Tanko and six others

Defendants, for an order attaching one C. C. Onny for "palpable contempt of court."

In the substantive suit the plaintiff was claiming:

"(a) A declaration that the plaintiff is the founder and executive secretary of the Ghana Society of Religious Liberals and is the only accredited officer authorised by the parent body to control, manage and direct the affairs of the said society and not the defendants.

(b) An injunction restraining the defendants, their servants, agents and workmen from interfering and/or carrying out the work of the said society."

The writ in the suit was filed on 6 December 1966 and the defendants entered appearance on 8 December 1966, and filed their statement of defence on 22 December 1966.

Paragraphs (8), (9), (10) and (11) of the statement of defence state:

"(8) And in further denial of paragraphs (5) and (6) of the claim, the defendants maintain that as general secretary-treasurer of the said society, the plaintiff became a trustee of the properties both movable and immovable of the said society.

(9) The defendants say that as they are the executive members and ordinary members of the society, they are entitled to call upon the plaintiff to render honest and accurate services to the society, and its members.

(10) The defendants and members of the said society have since the founding of the society been making financial contributions of £G10 and £G15 respectively to the plaintiff for the purpose of building a chapel and putting up charitable houses for the sick and poor members of the said society. The plaintiff has since then not used the moneys for the purpose aforesaid and has never opened a bank account for the said society.

(11) The defendants on several occasions approached the plaintiff to render account of all moneys collected from the members of the said society but the plaintiff refused and/or neglected to account for the moneys thus collected." [p.389] And relying on the paragraphs (8)-(13) of the defence, the defendants had counterclaimed for the total sum of £G47,500 as being contributions collected by the plaintiff from members of the society.

At this stage of the pleadings it was clear that it was the properties of the said religious society that were being called to question.

But by his rep