THE REPUBLIC v. OSEI MENSAH & ANOR

The Applicant’s motion on notice for contempt was originally filed on 14th November 2023. By an amended motion filed on 20th May 2024 pursuant to leave granted by this Court, differently constituted, the Applicant seeks an order of the Court, committing the Respondent for contempt and into prison on grounds that the Respondent has wilfully disobeyed or flouted and deliberately disregarded the order of the District Court, Goaso with impunity. The motion is supported by a 21-paragraphed affidavit.

The crux of the Applicant’s case is that he instituted an action in the District Court, Goaso against the Respondent, therein the Defendant, claiming the reliefs as endorsed on Exhibit A, the writ. Upon the recalcitrance of the Respondent, he applied for, and was granted an order of interlocutory injunction restraining both parties in the suit. He attached the order of interlocutory injunction as Exhibit B and contends the District Court’s orders were to the effect that:

a. That all parties are restrained together with their agents, assigns etc. from dealing with the disputed cocoa farm situate at Agyamangkrom till the final determination of the matter.

b. Registrar of the District Court, Goaso appointed Manager Receiver of the cocoa proceeds for the disputed farms.

c. Nkrumah Charles the caretaker for Defendant to join Alanda, the Plaintiff caretaker to Manage the disputed cocoa farm and pay the proceeds into Court as ordered.

[sic]

The Applicant asserts the parties met the Registrar of the District Court to visit and identify the cocoa farms as well as introduce their representatives. According to the Applicant, whereas he duly introduced his representatives to the Registrar who were given the green light to continue to harvest the cocoa and take the proceeds to the Registrar, the Respondent refused to send any representatives for the Registrar to hand over the cocoa farms to. The Applicant asserts further that the Respondent and his caretaker contemptuously chased out his representatives from the farm and have since been harvesting without depositing the proceeds at the court Registry. He attached Exhibit C, which he described as a photograph of the Respondent’s caretaker and his concubine working on the cocoa pods in the farm. It is the Applicant’s case further that the Respondent did not obey the warning of the Registrar but has taken over the cocoa farm since the March 2023 farming season and until now, has never paid any money t