THE REPUBLIC v. KWADWO YEBOAH & ANOR

PRELIMINARY MATTERS

Before I determine the application, I will like to address some preliminary matters. It isuseful to note that Counsel for the Respondent raised an issue that the substantivesuitwhich gave birth to the contempt application is pending before Commercial Court “A”with the title; Gladys Gyamfi of House Number KN 28/D Kotokromnear Sunyani v. Kwadwo Yeboah @ Alhaji Husein of Fiapre with Suit No. C1/219/2023. Counsel statedthat the Applicant failed to comply with the practice direction of the former ChiefJustice Anin Yeboah which stated that when a suit is pending before a superior Courtand a contemptuous issue arises out of that suit, the contempt application must befiledin the same Court with the same suit number.

I must admit that the present case was filed in this Court on 6 th February, 2024 andtheformer Chief Justice’s directive is dated 8 th November, 2022. By inadvertence thecasehas been pending in this Court until today that the Court is to deliver judgment. Thecase is not at the initial stages where the Court could take steps for the casetobetransferred to Commercial Court “A”. In the Court’s considered view, it would further the interest of justice and the overall objective of Order 1 Rule 2 of the High Court (Civil Procedure) Rules, 2004 (C.I 47) which enjoins all Courts to achieve speedyandeffective justice, avoid delays and unnecessary expense to deliver judgment inthismatter as scheduled than to have the matter transferred to the other Court. Furthermore, it is the Court’s considered view that delivering judgment in this Court wouldnotoccasion substantial miscarriage of justice to any of the parties who have willfullyparticipated in the suit from its inception on 6 th February, 2024 to date.

Furthermore, the Respondent stated in paragraph (2) of his affidavit in oppositionthatCounsel for the Applicant moved the motion for the grant of interlocutory injunctionon12 th January, 2024 and for that matter this application for attachment for contempt ofCourt filed on 6 th February, 2024 is hopelessly incompetent and same is incurablydefective. The Court is of a firm view that the issue before the Court is not about whenthe motion on notice for interlocutory injunction was moved and whether it hasrendered the contempt application incurably bad and defective. The issue is aboutwhether or not the Respondent after being served with the motion onnoticeforinterlocutory injunction on 2 nd October, 2023 continued to develop the lan