THE REPUBLIC v. RASHAD A. SEIDU
2025
HIGH COURT OF JUSTICE
CORAM
- HIS LORDSHIP JUSTICE FREDERICK TETTEH
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Criminal Law and Procedure
2025
HIGH COURT OF JUSTICE
CORAM
AI Generated Summary
The Applicant brought a case against the Respondent for contempt, asserting that despite multiple court orders and pending appeals, the Respondent continued construction on a contested piece of land. The trial court initially dismissed both parties' claims for declaration of title but ordered the Respondent to construct a sceptic tank and drainage within 30 days. During the pending appeal, the Applicant obtained an interlocutory injunction against further development, which the Respondent ignored. The court found the Respondent guilty of contempt for willful disobedience of the court orders, proven beyond reasonable doubt. A fine of 1000 penalty units or a 14-day prison sentence was imposed, and the Respondent was ordered to pay costs to the Applicant.
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