THE REPUBLIC v. THE MANAGING DIRECTOR, STATE HOUSING CO. LTD., EX PARTE: MRS. M.Y.N. ACHIAMPONG
2018
COURT OF APPEAL
GHANA
CORAM
- GYAESAYOR J.A. (PRESIDING)
- ACKAH-YENSU J.A.
- SUURBAAREH J.A.
Areas of Law
- Civil Procedure
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal challenged a High Court ruling that dismissed a contempt application against the State Housing Company's Managing Director. The main issue was the ambiguity and feasibility of a 2012 court order compelling the company to provide infrastructure on appellant's land. The appellate court held that the order was ambiguous, the company attempted compliance within practical constraints, and no wilful disobedience was demonstrated. The appeal was dismissed, affirming the lower court's decision.
JUDGMENT
SUURBAAREH, J.A.:
This is an appeal against the ruling of the High Court, Accra, dated 5th May, 2016.
The appeal has been mounted on the following grounds, filed on 6th June, 2016:
“(a) The Ruling is against the weight of the evidence provided.
(b) The judge misdirected herself as to the applicable law to the case.
PARTICULARS OF DISDIRECTION
i. The trial judge misdirected herself by ruling that the trial judge’s order in the Judgment of 25th April, 2012 that ‘An order to the defendant to provide roads, drains and “any other necessary infrastructure to be provided by a Real Estate Developer by law to facilitate the development of No. 4 School Street, Teshie-Nungua Estate within six months upon the service on the defendant of this judgment.” is uncertain/ambiguous.’
ii. Again the trial court misdirected herself as to the applicable law to the case when she ruled to the effect that ‘partial’ performance of the order of the court is sufficient to satisfy the order for the application to be dismissed.”
The facts giving rise to this appeal are not in any dispute. The applicant/appellant, to be referred to hereinafter as the appellant, in 1981 applied to the State Housing Company Ltd. and was granted a piece of land for the operation of a school. According to the appellant, she paid development charges but the company failed to provide roads, drains and coverts to enable access to the land and for which she took an action against it for enforcement amongst other reliefs. Her account shows that she obtained judgment on 25th April 2012 whereby the company was ordered to “provide roads, drains, and any other necessary infrastructure to be provided by a Real Estate Developer by law…”
The appellant, who caused the judgment to be entered and served on the company on 7th May, 2012, also sent a reminder about the order but the company failed to do anything upon which she mounted the application to have its Managing Director committed for contempt but to her chagrin the application was dismissed giving rise to the present appeal.
The respondent/respondent, who will be called respondent hereafter, apart from denying any willful or deliberate disobedience of the court’s order of 25th April, 2012, also deposed that he was neither a party to that action personally nor was he the Executive Director of State Housing Company Ltd., having been appointed a few months before the contempt application. The respondent then went on to explain how he was answerable