RULING

ASIEDU JSC:

[1]. My lords, on the 15th May 2023, David Aseye Tay was convicted and sentenced by the High Court on various charges, including the offence of Money Laundering contrary to section 1(1) of the Anti-Money Laundering Act, 2014, Act 874. As part of the consequential orders, the High Court made a restitution order in respect of House No. 64, Patrice Lumumba Road, Airport Residential Area, Accra, in favour of the Interested Party herein, Misyl Energy Company Limited, as evidenced by exhibit K2. Meanwhile, the Applicant herein, Kwasi Osei Ofori, had, on the 30th day of January 2023, procured a sub-lease in respect of this same house from one Sabina Amoh as shown by exhibit K which has been exhibited to the supporting affidavit to the instant application. Indeed, exhibit K1, which is a Search Report also exhibited to the affidavit in support, also shows that the said Sabina Amoh had, on the 12th day of September 2019, taken an assignment of the said property from Babbel Limited.

[2]. The facts of this application also show clearly that the Applicant herein was never made aware that the house in dispute was the subject matter of any criminal investigation until the Restitution Order, exhibit K2 herein, was posted at House No. 64, Patrice Lumumba Road, Airport Residential Area, Accra.

[3]. There is evidence on record to the effect that before the judgment of the High Court was delivered on the 15th May 2023, the convict, David Aseye Tay, had on or about the 20th day of March 2020 filed an affidavit, exhibit K4 herein, in the High Court in which he had deposed that he had “no proprietary nor legal interest in the property described as … House No. 64 Patrice Lumumba Road, Airport Residential Area, Accra”. There is also evidence to the effect that following his conviction and sentence, the said David Aseye Tay, filed before the Court of Appeal, on the 13th June 2023, a Notice of Appeal, exhibit K5 herein, against his conviction and sentence as well as the consequential orders for restitution. Further to the above, the Applicant in this matter also filed a Notice of Claim, exhibit K6 herein, before the High Court, on the 21st December 2023, in which he asserts his ownership over House No. 64, Patrice Lumumba Road, Airport Residential Area, Accra.

[4]. The above notwithstanding, the Interested Party herein, on the 25th September 2023, filed a Notice of Motion for an Order for committal for contempt of Court, exhibit K7 h