REPUBLIC v SANGARI & ANOR, EX PARTE SANGARI

This in an application for an order of attachment or committal to be issued against the respondents for contempt. The matter alleged against them is that while an application was pending in this court for stay of execution of a judgment for the recovery of premises, the 2nd respondent, as the solicitor for the 1st respondent, wrote a letter to the Deputy Sheriff of the High Court, Accra, to express the opinion that the execution could proceed. Thereafter, with the aid of bailiffs of the High Court, the respondents had the applicant ejected from the premises. It seems that they realised their error shortly thereafter and reinstated him before the motion for stay of execution came up for hearing by this court. As it happened, this court granted a stay of execution on terms.

The answer of the respondents to the present application is the unedifying one that as the applicant brought their illegal act to the notice of the court at the time the motion for stay of execution was heard, the applicant is estopped from raising the mater again. We are of the opinion that since the illegal act was not the subject matter of any enquiry before this court at the time the motion for stay of execution was heard, the applicant is at liberty to raise it again and ask the court to deal with the respondents. We think that while the 1st respondent may be excused as the recipient of wrong legal advice, there are no extenuating circumstances to excuse the conduct of the 2nd respondent who is a lawyer of several years’ standing at the Bar. We have however, taken note of the apology he belatedly rendered in Court. We trust that in future he will not permit his zeal to further the interests of his clients to becloud his judgment.

In all the circumstances, we do not think it will serve any useful purpose to exercise the coercive powers of the court against the respondents. We accept the apology rendered by the 2nd respondent and discharge both him and 1st respondent. The 2nd respondent will, however, pay ¢200,000 costs to the applicant.

I agree

I agree.

I agree

I also agree.

Application granted.