Try asking the following...
JUDGMENT
FACTS AND BACKGROUD OF THE CASE
[Applicant in his affidavit in support of this application deposed that sometime in the past, the Respondent trespassed upon a portion of his building plot at Kronoum Aboahia, Kumasi.
That as a result of this trespass the Applicant issued a Writ of Summons and Statement of Claim in suit number GJ1/44/22 against the Respondents.
Based on this action, the Applicant was granted an order of interlocutory injunction restraining particularly, the 2nd Respondent, his agents, assigns, workmen etc from interfering with the land in dispute, developing or undertaking any further constructional work on it until the final determination of the suit.
The Applicant attached the said order to the application as exhibit SSG1. The Applicant further deposes that the order was served on the 2nd Respondent by substituted service by posting on the disputed property.
He attached evidence of the posting as exhibits SSG2 and SSG3. The Respondents despite having notice of the Court order, defiantly continued to build.
The Applicant further exhibited more photographs allegedly of the Respondents and their workmen flouting the Honourable Court’s orders as exhibits SSG4, SSG5 & SSG6. According to the Applicant, even though, the 1st Respondent is not the owner of the property being constructed, he is the 2nd Respondent’s unlawful grantor.
That the said 1st Respondent is always on the disputed land encouraging or urging the workers to ignore the Honourable Court’s orders.
The Applicant prays for an order committing the Respondents to prison for flouting the Court’s order dated 22nd December, 2021. The Applicant in his written submissions supporting this application, narrated the background to the contempt application.
The Applicant says he bought the property on 10th September, 2009 from the Regent or Occupant of the Obaapanin Stool of the Akuanana Stool, in Kumasi.
He erected a two -bedroom self -contained building on the plot and also carted large quantities of blocks and sand unto the vacant portion of the land.
The Applicant says in November, 2021, the 1st Respondent without his permission brought persons on the land to take measurements.
He resisted this, however the 1st Respondent went ahead and carved out a portion of his land out for 2nd Respondent.
He details how the 2nd Respondent with the aid of land guards entered upon his property and dug a foundation and put up a structure on the land in question.
The Applicant relied on the ca