THE REPUBLIC vs EDWARD DUNCAN-WILLIAMS & ANOR
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
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case arose on 24th December, 2018 when the Applicant sought to have the Respondent, Edward Duncan-Williams, committed for contempt of court. The Applicant and her mother had earlier won a court judgment against the Respondent over a property dispute. After the Sheriff executed a writ of possession, the Respondent allegedly re-entered the property and reopened shops. The Respondent argued that he had complied with the court's order by replacing the disputed land with another property and that his mother had later gifted him the disputed property. The court found no evidence of willful disobedience of its judgment by the Respondent and dismissed the contempt application, reiterating the requirement of proof beyond reasonable doubt in such matters.
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