THE REPUBLIC VS ASHITEY ADJEI EXPARTE: ANTHONY OPARE AKUAMPAH
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE PATRICIA QUANSAH
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicant succeeded in getting the Respondent found guilty of contempt for disregarding a judgment and order from suit no. LC/107/2022. While the Applicant provided evidence including pictures and supporting documents, the Respondent denied receiving any court documents and claimed to be protecting family land. The court found sufficient evidence that the Respondent had constructive notice of the judgment and had acted in contempt by entering and building on the disputed plot. The court sentenced the Respondent to pay a fine or face imprisonment and additionally awarded costs to the Applicant.
1. INTRODUCTION
[i] The Applicant herein and the Plaintiff in suit no. LC/107/2022 has filed this present application, seeking to have the Respondent herein and the 2nd Defendant, also in suit no. LC/107/2022 committed for contempt for the following reasons: 2. FACTS OF THE APPLICANT’S CASE[ii] That the Applicant obtained judgment in suit no. LC/107/2022 and subsequently served the entry of judgment on the Respondent herein and the 2nd Defendant in suit no. LC/107/2022. A writ of possession was also granted to the Applicant and consequently, the Deputy Sheriff of the High Court that granted the judgment duly put the Applicant in vacant possession of the disputed plot.
Nonetheless, the Respondent herein has entered the disputed plot with his workmen and has started digging a foundation thereon, to commence construction, in total disregard of the judgment of the Court, which included an order for perpetual injunction. [iii] The Respondent is fully aware of the judgment and the entry of judgment; but he has disregarded the orders/judgment of the Court; and the Applicant even reported the conduct of the Respondent on the disputed plot to the Police.
The Applicant further attached the order/judgment of the Court, a copy of the writ of summons and the statement of claim to demonstrate the reliefs sought by the Applicant which included the relief for perpetual, as well as pictures of on-going development on a plot of land, said to be undertaken by the Respondent herein. [iv] The Applicant concluded that the Respondent herein; having flagrantly disobeyed and flouted the orders/judgment of the High Court ought to be committed for contempt and severely punished for engaging in acts that“create distrust” in the work of the judiciary, “thereby eroding the edifice of the judicial system. ”2. AFFIDAVIT IN OPPOSITION[v] In his affidavit in opposition, the Respondent contended that he had no notice whatsoever of suit no. LC/107/2022, because per the Respondent, he was never served with the writ of summons, the statement of claim or any other Court process relating to suit no. LC/107/2022; not even the entry of judgment.
The Respondent further averred that the land he is alleged to have trespassed upon is land that is located at a place called Manhean School Junction; and it is also land that had always been in possession of the Respondent’s family.
There has therefore been no construction thereon since his ancestral home collapsed. [vi] Furthermore, the