REPUBLIC vs FRANCES OBENG MENSAH & ORS

A motion on notice, for an application for contempt was filled on the 27th day of February, 2025 at the Registry of this court on behalf of Theophilus Afful and Igreen A Afful (hereinafter known as the Applicants) against Francis Obeng Mensah (hereinafter known as the Respondent). The 1st applicant Theophilus Afful deposed to an affidavit in support of the application with the consent of the 2nd Applicant. The sum of the 1st applicant’s case is that, on 17th of February, 2025 he caused his lawyer to issue a writ of summons and accompanying statement of claim against the 2nd Respondent herein and one other claiming against them the reliefs endorsed on the writ of summons. That he led a bailiff to have the Respondents served with a copy of the writ of summons and statement of claim as seen in exhibit ‘A’ an affidavit of service. That notwithstanding the fact that the 2nd Respondent has been duly served, on the 20th of February, 2025. The 2nd Respondent moved into the subject matter land housing the uncompleted building with land guards and has engaged workmen who are brazenly fencing around the land using sandcrete blocks as seen in exhibit ‘B’ series pictures. That for fear of the land guards he could not confront the 2nd Defendant but reported the matter to his lawyers. 1st Applicant contends that the 2nd Respondent is changing the character of the land completely knowing very well that the land is a subject matter of litigation pending before this honourable court.

That the behavior of the 2nd Defendant has brought the administration of justice into disrepute and same must not be countenanced by this honourable court. That the contemptuous act being committed by the 2nd Defendant if not punished by this court will bring the sanctity of the judiciary into question which may lead to future abuses by people with characters similar to that of the 2nd Respondent. That the 2nd Respondent having been served with his writ of summons and statement of claim has become aware that the land/uncompleted house has become a subject matter of litigation and need not do anything to overreach the honourable court pending the final determination of the suit.

The 2nd Respondent as is to be expected opposed the application to commit himself for contempt. In an affidavit in opposition filed on his behalf and deposed to by him, the 2nd Respondent one Rev. Francis Obeng Mensah denied the assertions contained in paragraphs 7-15 of the affidavit in support. That the Applicant ha