THE REPUBLIC v. GEORGE ODIASE & 5 ORS EX PARTE: GLORIE OSAFO AGYEMANG-DUAH & ANOTHER
July 16, 2019
HIGH COURT
GHANA
CORAM
- LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE, HIGH COURT JUDGE
Areas of Law
- Civil Procedure
- Evidence Law
July 16, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Dr. Richmond Osei-Hwere of the High Court ruled on a contempt application arising from an underlying corporate dispute between applicants Glorie Osafo Agyemang-Duah and Osei Agyemang-Duah and Watch and Dine Ltd (Kumasi City Mall) and individual defendants, including Kwabena Obeng, Nana Obeng Brentuo, Akosua Adutwumwaa Obeng, and Stephen Kofi Opoku. After Justice Kofi Akrowiahs interim injunction restrained specified defendants and their agents from running, operating, or administering Watch and Dine Ltd, the applicants alleged continued operations, social-media denials, and defiance. Respondents countered that key individuals (including the 2nd, 3rd, and 6th respondents) were never personally served, and that the 4th and 5th ceased involvement upon service. The court adopted irregularly filed supplementary affidavits by both sides to do substantial justice, expunged privileged lawyer-client emails (Exhibits J and R), reiterated that civil contempt requires personal service and proof beyond reasonable doubt, found the evidence insufficient to show willful disobedience by any respondent, dismissed the application, and awarded costs of GHC 8,000 against the applicants.
RULING
This ruling is in respect of a contempt application filed on behalf of the Applicants herein against the Respondants herein. The Applicants are praying this Honourable Court for an order committing the Respondents for contempt of court for bringing the administration of justice into disrepute by their deliberate conduct in disregarding an order of interim injunction imposed by the Court on the 7th of May, 2019.
BACKGROUND
The background facts leading to this application are as follows:
On the 6th of May, 2019, the Applicants issued a writ against five (5) defendants in a suit entitled:
1. GLORIE OSAFO AGYEMANG-DUAH
2. OSEI AGYEMANG-DUAH
VRS
1. WATCH AND DINE LTD, KUMASI CITY MALL
2. KWABENA OBENG
3. NANA OBENG BRENTUO
4. AKOSUA ADUTWUMWAA OBENG
5. STEPHEN KOFI OPOKU
with SUIT NO. P/OCC/06/19.
The Plaintiffs therein and Applicants herein sought the following reliefs:
(a) 1st Plaintiff seeks a declaration that she is entitled in law and fact to be paid all service charges pertaining in the civil engineering industry for the work done from 4th April, 2017 to 28th February, 2018 in relation to the designing and construction of the 1st Defendant.
(b) 1st Plaintiff seeks a further order lifting the veil of incorporation of the 1st defendant with a view to making the 2nd Defendant personally liable for the indebtedness due and owed her by the 1st defendant and which has remained unpaid in spite of several demands.
(c) 1st Plaintiff also seeks an order of the Court compelling the 1st Defendant to pay the full value of her 15 percentage shares in the 1st Defendant which the 2nd Defendant has deprived her of since 6th April, 2018.
(d) A declaration that by reason of the repeated pattern of utter disregard for the rules governing the running and operation of an incorporated entity the 2nd Defendant is personally liable for all damage losses and other pecuniary liabilities suffered by the Plaintiffs in relation to their formation and association with the 1st Defendant.
(e) The 2nd Plaintiff seeks a declaration that the concealed fraud perpetrated by the 2nd Defendant at the Registrar General’s Department in particular and his dealings relating to the 1st Defendant in general culminating in the alteration of the share structure of the 1st Defendant is fraudulent, unlawful, illegal and calculated to overreach the 2nd Plaintiff and thus the 2nd Plaintiff is entitled to general special punitive and exemplary damages occasioned him by reaso