THE REPUBLIC vs EDWARD DUNCAN-WILLIAMS & ANOR
July 31, 2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE.
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
July 31, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
On 24 December 2018, an application by Mary Duncan-Williams sought to commit her brother, Edward Duncan-Williams, for contempt in the Accra High Court, arising from a family property dispute involving their mother, Madam Theresa Abakah, and House No. 42, Mensah Wood Road, East Legon. A prior 2012 judgment in SUIT NO. BMISC 732/2010 granted reliefs requiring Edward to replace Theresa’s land or else declare her owner of the house; a writ of possession issued in 2013 and the Sheriff recovered part of the property in 2018. Mary alleged Edward re-opened shops sealed by the Sheriff. Edward opposed, producing a deed of assignment evidencing replacement and a deed of gift by Theresa conveying the house to him, and referencing an injunction against Mary. Applying settled contempt elements and the criminal standard of proof, the Court found Mary’s photographic evidence lacked probative value, noted her failure to call further evidence or seek cross-examination to dislodge Edward’s denial, dismissed the application, and awarded costs to Edward.
On 24th December, 2018, the Applicant instituted the instant action for the Respondent, Edward Duncan-Williams, to be committed to prison for being in contempt of court.
CASE OF THE APPLICANT
It is the case of the Applicant that she and her mother (Madam Theresa Abakah) instituted an action in this Court differently constituted against the Respondent herein in SUIT NO. BMISC 732/2010 in respect of a dispute over some property.
That proceedings in that suit ultimately culminated into judgment being delivered in their favour on the 27th of July, 2012, against the Respondent herein.
The Applicant attached to the application Exhibit „MDW‟, a copy of the notice of entry of judgment thereof.
The Applicant continues that on 18th November, 2013, a writ of possession was issued and subsequently served on the Respondent.
In proof of this, the Applicant attached to the application Exhibit „MDW 1‟, a copy of the writ of possession issued by the Court.
According to the Applicant, on the 6th of September, 2018, the Sheriff of the Court recovered possession of part of the property in issue for the Applicant herein and her mother, the said Theresa Abakah.
The Applicant further states that the Respondent herein as the Defendant/Judgment Debtor in the substantive suit, brought an application for stay of execution, which application was dismissed by this Court as per Exhibit „MDW 4‟. Per the Applicant, the Respondent also filed an application to set aside the writ of possession.
It is the case of the Applicant, per her Exhibit „MDW 3‟, that while the application to set aside the writ of possession was pending before this Court, the Respondent, together with some other persons, entered into the property, the subject matter of the substantive action and the instant application and re-opened shops which were taken in execution and sealed off by the Sheriff of the Court, in blatant disregard of the judgment of the Court.
It is therefore the contention of the Applicant that the Respondent, on the basis of his conduct, should be cited for contempt of court.
THE RESPONDENT’S DEFENCE
In his opposition filed on 3rd June, 2019, the Respondent has stoutly opposed the instant application.
He first admits that sometime in July, 2010, Madam Theresa Abakah and the Applicant herein (his mother and sister respectively) commenced an action against him in SUIT NO. BMISC 732/2010. He attached a copy of writ of summons as Exhibit EDW “1”. The Respondent continues that the judgment i