THE REPUBLIC VS ISMAIL BAWAH EXPARTE: LYDIA AKOSUA ADWOO ANIM
November 27, 2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP GEORGE K. KOOMSON ‘J’.
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
November 27, 2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
At the High Court, Justice George K. Koomson considered an application to commit Ismail Bawa for contempt after Lydia Akosua Adwoo Anim’s principal obtained an interlocutory injunction from the Court of Appeal in suit LD/0316/2016 (Anim v. Bawa & Anor). The underlying action seeks declarations based on a 1986 conveyance executed by Nii Nortey Adjeifio for the Kle Musum Family, cancellation of Land Certificate No. GA 46204, recovery of possession, damages for trespass, and a perpetual injunction. After the High Court (Land Division) dismissed Anim’s interlocutory motion on 26 July 2016, the Court of Appeal allowed the appeal on 11 May 2017, and its decision was served on Bawa by substituted service. Anim alleged Bawa continued developing the disputed land in violation of the appellate order. Applying the quasi-criminal standards of contempt and Order 43 of CI 47, the court found the served order lacked a penal notice endorsement, a mandatory precondition for committal. Because this statutory requirement was not met, the court lacked jurisdiction to commit Bawa, dismissed the application, and discharged him.
In this application the Applicant pray this Court for an order committing the Respondent herein for contempt of Court in that the Respondent has in complete disregard and utter contempt of the order restraining him, his heirs and assigns, agents, and workers from any development work on the land until the substantive suit is determined, continued the development of the land in dispute.
Briefly, the material facts which gave rise to the present application are that the Applicant’s principal issued a Writ of Summons in suit No. LD/0316/2016 titled LYDIA AKOSUA ADWOO ANIM v ISMAIL BAWA & ANOR, on the 18th January, 2016, asking for the following reliefs: 1. A declaration that by a conveyance dated 8th March, 1986 made between the Plaintiff and Nii Nortey Adjeifio now deceased acting for the Kle Musum Family, the family’s interest in the land described therein was conveyed to the Plaintiff.
2. A declaration that any registration of the said land by the 2nd Defendant in the name of the 1st Defendant is irregular and or by mistake and therefore null and void.
3. A declaration that the registration of the land in the name of the 1st Defendant if any was procured by fraud and therefore the same is null and void.
4. An order for the cancellation of any Land Certificate No. GA 46204 standing in the name of 1st Defendant.
5. Recovery of possession and damages for trespass against the 1st Defendant.
6. Perpetual injunction against the 1st Defendant, his workmen and servants from further trespassing on the land in dispute.
On the 3rd May, 2016, the Applicant herein filed a motion for Interlocutory Injunction against the Respondent, his workmen, agents and assigns from developing the land or further trespassing on the disputed land pending the final determination of the suit.
On the 26th July, 2016 the High Court, Land Division, dismissed the application.
Aggrieved by the said decision, the Applicant filed an appeal to the Court of Appeal which gave its decision on the 11th May, 2017 allowing the appeal and setting aside the decision of the High Court which was dated 26th July, 2016. Upon an application the decision of the Court of Appeal was served on the Respondent herein by Substituted Service.
It is contended by the Applicant that despite being served with the decision of the Court of Appeal, the Respondent, in flagrant violation and disregard to the said order had allowed development to continue on the land.
It is against this backdrop that the prese