GH - KWASI ANTWI BOASIAKO VS KOFI BOATENG

CASE OF THE APPLICANT AND HIS COUNSEL’S SUBMISSION

On 5th April, 2023 the Applicant herein per his Counsel filed motion on notice under Order 50 of the High Court (Civil Procedure) Rules, 2004 (C. I 47) seeking an order for attachment of the Respondent herein for contempt of Court.

The Applicant’s case per his affidavit in support is that he issued a writ against the Respondent in a suit entitled Kwasi Antwi Boasiako vrs. Kofi Boateng @ Kofi Ketewaa with suit number C1/006/2022. He attached a copy of the writ of summons and statement of claim as exhibit “A”. In the said suit the Applicant (Plaintiff) claimed against the Respondent (Defendant) among other reliefs; A declaration of title to and recovery of possession of all that piece and parcel of Teak farm /plantation situated at a place called Mepepewasu, Dumasua North on Dumasua sub – stool land bounded by the Mepepewasu stream, Dumasua stool land on two sides (now demarcated to people as building plots) and Mr. Osei Gyasi which the defendant has trespassed upon.

According to the Applicant the Court differently constituted granted an order of interlocutory injunction in the said suit on 10th March, 2022 and restrained both parties from carrying out any activities or interfere with the disputed land until the final determination of the case.

The Applicant’s case is that the Respondent was served with the order for interlocutory injunction on 13th July, 2022 per a search conducted at the Court’s registry attached to the Applicant’s affidavit in support as exhibit “B”. The Applicant contended that in spite of the order of injunction restraining both parties from going to the land the Respondent went to the land and carried out several activities and interfered with the land contrary to the Court’s orders.

The Applicant stated in paragraphs (6) and (7) of his affidavit in support as follows; (6) That in spite of being served with the order, the Respondent has gone ahead to carry out several activities and has interfered with the land in dispute, contrary to the orders of the Court.

That my visit to the disputed land on 28 /3/2023 revealed that the Respondent has disobeyed the orders of the Court and gone ahead to fell several teak trees planted on the land, in preparation for a new farm.

The Applicant attached exhibit ‘C’ series which are photographs of teak trees that were fell on the disputed land.

According to the Applicant there are witnesses to testify to the effect that the Respondent was th

CASE OF THE APPLICANT AND HIS COUNSEL’S SUBMISSION

That my visit to the disputed land on 28 /3/2023 revealed that the Respondent has disobeyed the orders of the Court and gone ahead to fell several teak trees planted on the land, in preparation for a new farm.

The Applicant attached exhibit ‘C’ series which are photographs of teak trees that were fell on the disputed land.

According to the Applicant there are witnesses to testify to the effect that the Respondent was th

KWASI ANTWI BOASIAKO VS KOFI BOATENG

Areas of Law

JUDGMENT