GH - THE REPUBLIC vs EBENEZER MENSAH & ORS

On the 29th day of August, 2018, the Applicant herein mounted the instant action against the Respondents for an order of this Court to commit the Respondents to prison for contempt of Court.

THE CASE OF THE APPLICANT

The crux of the Applicant’s plaint is that on the 26th of September, 2016, the High Court presided over by his Lordship, Justice Emmanuel Amo Yartey made an Order for Interim Preservation of Property in a suit between the Applicant as Plaintiff and the Trustees of Kaneshie.

The Applicant attached to his application the said Order as Exhibit “OD”. According to the Applicant, it is the Order of the Court dated 26th of September, 2016, which has been defied by the Respondents, occasioning the present application.

It is the case of the Applicant that all the parties in this matter belonged to the Kaneshie-Maksim-Ajumako-Assin Fosu Drivers Union operating at the Kaneshie Market Lorry Terminal.

The Applicant states that over time, the membership of the Union exceeded that prescribed by the governing Constitution leading to a split of the union into two sub-unions.

The Applicant states further that whilst he and his colleagues took charge of the operations of the Kaneshie-Mankessim-Ajumako route, the Kaneshie- Assin Fosu route was operated by the Respondents’ sub-union.

The Applicant continues that owing to various misunderstandings between the two sub-unions regarding loading rights over particular routes and portions of the station, the Applicant as Plaintiff issued a writ against the Respondents’ sub-union at the High Court on 10th August, 2016. That during the pendency of the said suit, an interim order for preservation was made ordering the Plaintiff’s branch therein to operate the Kaneshie-Mankessim-Ajumako section of the station and the Defendants therein, the Kaneshie-Assin Fosu Section.

The Applicant says that the Defendants therein applied for a stay of execution of the Order of the Court.

That following a refusal of the application, the Defendants followed it up with an appeal, which was also dismissed, as per Exhibits “FA” and “CA” respectively.

The Applicant continues that with the assistance of the police and Court officials, the Order of the Court was executed by demarcating the said station into two parts for both factions, on the authority of an Order of the Court for police assistance as per, Exhibit “PRO”. The Applicant further states that Exhibit ”EXE” attached to the application is a report submitted to the Court on the

On the 29th day of August, 2018, the Applicant herein mounted the instant action against the Respondents for an order of this Court to commit the Respondents to prison for contempt of Court.

THE CASE OF THE APPLICANT

It is the case of the Applicant that all the parties in this matter belonged to the Kaneshie-Maksim-Ajumako-Assin Fosu Drivers Union operating at the Kaneshie Market Lorry Terminal.

The Applicant states that over time, the membership of the Union exceeded that prescribed by the governing Constitution leading to a split of the union into two sub-unions.

The Applicant says that the Defendants therein applied for a stay of execution of the Order of the Court.

That following a refusal of the application, the Defendants followed it up with an appeal, which was also dismissed, as per Exhibits “FA” and “CA” respectively.

THE REPUBLIC vs EBENEZER MENSAH & ORS

Areas of Law

RULING