THE REPUBLIC vs ABDUL AZIZ EX PARTE: YVONNE GARBRAH
December 12, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP EMMANUEL AMO YARTEY (J)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
December 12, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
In a contempt application arising out of a land dispute in Accra, the High Court, presided over by His Lordship Emmanuel Amo Yartey (J), enforced an interlocutory injunction granted on 12 July 2021 restraining entry onto the subject land. The record showed Abdul Aziz acted as attorney for Baba Fadougou Sanogo, appearing as Sanogo’s representative at police stations and on the land, and continued construction despite the order being posted on the property. The Applicant’s caretaker, Mr. Godwin Anyormi, reported threats, assaults, demolition of structures, and removal of a container. Aziz relied on a prior judgment and a Certificate of Execution, linked to proceedings before Her Ladyship Mrs. Jennifer Myers and Land Court ‘3’, and argued any wall pre‑dated the Applicant’s acquisition. Applying civil contempt standards, the court found Aziz willfully violated the injunction and imposed a GH¢10,000 fine, in default two weeks’ imprisonment.
On the 26th day of May 2022, the Plaintiff/Applicant filed the instant Application praying the Court for an order committing the Respondent to Prison.
The brief facts of the case are that the Plaintiff/Applicant caused a Writ of Summons with a Statement of Claim to be issued on the 26th day of April 2021 against the Defendant for the reliefs endorsed therein. The Applicant filed alongside the Writ of Summons and Statement of Claim, an Application for Interlocutory Injunction pursuant to Order 25 rule 1 of C. I. 47 to restrain the Defendant and any persons acting for or in his interest from entering the subject land.
On the 28th day of June 2021, the Defendant was served with the Writ of Summons and Statement of Claim, as well as the Application for Interlocutory Injunction by Substituted means, with leave of the Court. The said Application for Injunction was pasted on the wall of the subject matter property. The Court was satisfied of proof of service of the processes on the Defendant. Consequently, the Plaintiff’s Application for Interlocutory Injunction was granted on the 12th day of July 2021. The Order for injunction was served on the Defendant by posting same on the wall of the subject matter property on the 14th day of July 2021.
The Defendant entered appearance through Counsel on the 15th day of July 2021 and filed his Defence and Counterclaim, as well as his Affidavit in Opposition to the Application for Injunction, on the 29th day of July 2021 after the Order for Injunction had already been granted.
Plaintiff filed her reply and Defence to Counterclaim on the 25th day of November 2021. Issues were set down for trial and Plaintiff has filed her Witness Statement and the Respondent herein filed a Witness Statement on behalf of the Defendant.
Counsel for the Applicant submits that the Respondent has at all material times held himself out as the representative of the Defendant whom he claims is receiving treatment in Mali.
The Respondent has appeared at Police Stations and on the subject matter land as though he is the Defendant. The Respondent has stated several times that he has a Power of Attorney from the Defendant to act on his behalf in this instant matter.
Counsel for the Applicant continued that before this instant suit was filed, the Applicant had been in possession of the land, through her caretaker whom she placed on the land in 2014. The Applicant remained in quiet and peaceful possession of the land until the Respondent came on to