THE REPUBLIC v. KWASI SARFO; EX PARTE LUCY DANSO

On the 8th April 2022, the Applicant herein filed as application for committal for

contempt of Court against the Respondent. The gravamen of the Applicant’s case is

captured in paragraphs 4 through to 10 of the Affidavit in Support which I reproduce

hereunder for their full effects;-

“4. That the High Court Coram Comfort Kwasiwor Tasiame J. settled House

No. OFC.142 located at Ofankor Accra on the Applicant. Simply put, the

High Court adjudged that House No. OFC.142 as property of the

Applicant. Annexed herewith is a copy of the judgment and marked as

Exhibit 1.

5. That indeed, the High Court proceeded to restrain the Defendant who

was the husband of the Applicant and all people claiming through the

said Defendant at page 13 of the said Judgment as follows

“It is hereby ordered that, the Defnedant, his agents, servants, workmen, privies,

assigns and anyone claiming through him are hereby restrained from entering

and dealing in any manner with House No. OFC142 located at Ofankor”

6. That after the said judgment the Applicant took control of same.

7. That thereafter the Applicant engaged workmen to renovate her said

house.

8. That whilst the renovation work was ongoing, the Respondent who

knew of the said judgment and order for perpetual injunction

restraining the Defendant in the said judgment as well anyone claiming

through the Defendant, cause policemen to disrupt the renovation work.

9. That the conduct of the Respondent is willful and calculated to undermine the

adjudicative authority of this Honourable Court

10. That the conduct of the Respondent is a deliberate move and attempt to bring

the administration of justice the sole preserve of this Honourable Court into

disrepute”.

Upon service of the application, the Respondent also filed a 17 paragraph Affidavit in

Opposition and attached to it Exhibits in support of his case. I reproduce especially

paragraphs 4 through 13 in support of the Respondent’s case;-

“4. That unless expressly admitted, I deny every material allegation of fact

contained in the Affidavit in Support as if same have been set out in

extensor and denied seriatim

5. That I am the legal and equitable owner of the subject matter land

6. That the judgment that the Applicant has referred to in paragraph 5 of his

Affidavit in Support does not in any way related to the subject matter

land of which I am the legal and equitable owner of.

7. That the subject matter land forms part of a larger parcel