May 13, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court judgment, authored by Justice Aboagye Tandoh, addresses an application by Ekow Wilson, executor of the late Theresa Ama Amaglos estate, seeking to commit four respondents to prison for contempt under Order 50 rule 1 of C.I 47. Wilson alleged that Patricia Awurinde, Juliana Aceampong, and Florence Acheampong moved into and remained at House No. GB 193 in Gomoa Budumburam, interfered with rent collection needed to pay estate debts, and forcibly expelled the caretaker, Mary Azaioo, thereby obstructing his lawful duties. The respondents claimed the house belonged to their late father, Francis Augustus Acheampong, administered under 1996 letters of administration and distributed among siblings; Rockson Sackey was a tenant of Florence. Applying Ghanaian contempt standards and the Evidence Act, the court found the 1st, 2nd, and 3rd Respondents guilty beyond a reasonable doubt and acquitted the 4th as a mere tenant. The convicted respondents were fined 250 penalty units each, in default one months imprisonment in hard labour.
JUDGMENT
The Applicant by a motion on notice filed an application on the 10th day of February,
2020 for an order to commit the 1
st – 4th Respondents to prison for Contempt of court
pursuant to Order 50 rule 1 of C.I 47.
According the Applicant EKOW WILSON, he is the EXECUTOR in the Last Will and
Testament of the late Theresa Ama Amaglo. The Applicant says he applied for the grant
of probate of the said Will and Last Testament of the deceased duly attested by the two
subscribing witnesses therein, and which was read to the beneficiaries and some
relatives of the deceased on the 26h of July,2019 at the Accra High 4 Court. (SEE
ATTACHED AS EXHIBIT "A" HER LAST WILL AND TESTAMENT).
The Applicant contends that the deceased died on the 27h day of May in the year 2019
and he was granted the probate by the High Court, Winneba on the 27" of May
2019.(SEE ATTACHED A COPY OF THE PROBATE AS EXHIBIT "B").
According to the Applicant, the 1st Respondent Patricia Awurinde, 2
nd Respondent
Juliana Aceampong and the 3rd Respondent Florence Acheampong are preventing him
from performing his lawful duty as executor of house No. GB 193 at Gomoa
Budumburam, one of the properties of the estate of the deceased testator. That the 2nd
Respondent Florence Acheampong and the 4th Respondnet Rockson Sackey have
refused to vacate two rooms in the house. The Applicant contends further that Patricia
Awurinde and Juliana Acheampong have on the 29" January 2020 moved in to stay in
the house.
The Applicant avers that the Respondents also on the 30" of January 2020 attacked and
forced out of the house the caretaker Mary Azaioo, of the house. The Applicant said
they seize the caretaker’s room keys and mobile phone which were later retrieved from
them by the Police.
The Applicant said he gave the 2nd Respondent and the 4th Respondent letters to vacate
at the end of January 31, 2020, but they are still occupying the rooms. And that the 3rd
Respondent has also rented one room to the 4th Respondent and collecting the rent for
them.
According to the Applicant, the conduct of these three persons amounts to
intermeddling in my work as the Executor and administrator of the estate of the late
Theresa Ama Amaglo which I have sworn an oath to do. The Applicant further
contends that, there are debts on the estate which I have to pay by collecting rent from
the house to pay.
The Applicant avers that the conduct of the Respondents amounts to contempt of court
and prays t