OHENEYERE AGO MANU II. VS ABUSUAPANIN KWEKU YEBOAH & ORS

FACTS AND BACKGROUND

The facts giving rise to this application is that the Plaintiff, the occupant of the Ago Manu Stool sued three Defendants, one Abusupanin Kwaku Yeboah, Yaw Agyei and the Otenanee Stool for:

1. A declaration that all that piece or parcel of land trespassed unto by the Defendants which forms part of the Plaintiff’s larger/mega lands herein described and bounded on the northern part by the Ahenema Kokoben Stool lands and the North Eastern part by Ahenema Kokoben Stool lands, South Eastern part by Brofoyedru lands, Southern part by Adumasa (Akwamu) Stool lands which said land is contained in a composite base map approximately measuring 238 acres signed by Nana Kwaku Frimpong (Adumasa Dikro) Berko(Ahenema Kokobenhene, Nana Yaw Osei Asibbey (Asafo Dwantoafohene, Ampatia) and Opanin Kwaku Adu (Brofoyedu Abusuapanin) is exclusively and customarily vested in the Plaintiff free from all encumbrances as Oheneyere of Ago Manu Stool.

2. A declaration that, the judgment obtained by the 3rd Defendant herein for a declaration of title to a portion of the disputed land dated 29th day of August 2018 was fraudulently obtained as both the equitable and legal title/ interest comprised in the said land is legally and exclusively vested in the Plaintiff free from all encumbrances.

3. Recovery of possession.

4. Damages for trespass.

5. Perpetual injunction.

In the course of proceedings, the Plaintiff, the Applicant herein filed an application seeking to restrain the said Defendants from developing, purporting to develop or alienate any portion of the land pending the final determination of the suit.

On the 7th February, 2022, per a ruling of Obeng Diawuo J, (as he then was), the application was granted and the Defendants and all persons claiming through them were restrained from having anything to do with land subject matter of the suit until the final determination of the suit.

THE PRESENT APPLICATION The Applicant filed the present application praying the Honourable Court for an order attaching and committing the Respondent to prison for his contemptuous act of being illegally in possession of a portion of said land with a view to overreaching the order of this Court and in order to interfere with the due administration of justice.

In her affidavit in support of the application, the Applicant attached a copy of the ruling referred to supra and marked it as Exhibit A. She deposes that the Respondent was present when the said order for injuncti