Try asking the following...
Try asking the following...
January 23, 2025
HIGH COURT OF JUSTICE
CORAM
In these proceedings, the Applicant through her lawyer is praying this court for an order for attachment and committal against the Respondent/Contemnor herein for knowingly and on account of his willful, deliberate, disrespectful and contemptuous interference with the administration of justice with impunity.
In her affidavit in support filed on the 11th October, 2024, the Applicant deposed among others thus;
That on 10/05/24, the Honourable Court after a full trial gave judgment dismissing my relief for declaration of title and also refused to grant all the reliefs contained in Respondent's counterclaim including his claim for declaration of title. (Attached hereto is a certified true copy of the said Judgment and same marked as Exhibit A).
That the Applicant being aggrieved partly by the decision of the Honourable Court, filed an appeal at the High Court, Kumasi and caused the Notice of Appeal to be served on the Respondent. (Attached hereto is a copy of the Notice of Appeal and same marked as exhibit B.)
That despite the Judgment of the Honourable Court dismissing Respondent's Counterclaim and the Notice of Appeal been
served on him, he continued with his unlawful activities by continuing with the development of the land in issue.
That when all efforts made by me to get the Respondent and his agents to desist from their unlawful activities were disregarded and ignored with impunity, I caused an Application for Interlocutory Injunction to be filed at the Trial Court and caused same to be duly served on the Respondent. (Attached hereto is a copy of the Motion on Notice for Interlocutory Injunction and a search results confirming service of same on him and same marked as Exhibit C and D respectively)
That though the Respondent had notice of the pendency of the said Application for Interlocutory Injunction and knowledge of same being granted by the Honourable Court restraining him and his agents from dealing with the subject matter till the final determination of the appeal, the Respondent and/or his agents did not only enter upon a portion of the land in issue during the pendency of the said application but also after same has been wall granted to continue with the construction of a thereon.(Attached hereto are the proceedings and/or order of the Honourable Court dated 03/09/2024 restraining the Respondent and/or his assigns from dealing with the subject matter and same marked as Exhibit E).
That I also attached pictures of the construction during p
AI Generated Summary
Justice Frederick Tetteh of the High Court adjudicated a contempt application arising from post-judgment conduct in a land dispute originating from the District Court, Ejisu. After the District Court dismissed the Applicant’s first and third reliefs and the Respondent’s counterclaim, but ordered the Respondent to construct a septic tank and drainage, the Applicant appealed to the High Court, Kumasi and sought an interlocutory injunction restraining the Respondent from dealing with the land pending appeal. Despite service and knowledge of the injunction proceedings and the restraining order dated 3 September 2024, the Respondent admitted completing the toilet facility, roofing it, and erecting a fence wall, asserting he was complying and presumed he could continue. Relying on photographs dated 28 July 2024 and 6 September 2024 and the Respondent’s admissions, the court held the Applicant proved civil contempt beyond reasonable doubt. The Respondent was convicted, fined 1,000 penalty units or 14 days’ imprisonment in default, and ordered to pay GH2,000 costs.