THE REPUBLIC vs JOHN KOMI SOUDI EX PARTE: SAM WHALEY & 2 ORS
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP FRANCIS OBIRI ‘J’
Areas of Law
- Civil Procedure
- Evidence Law
- Equity and Trusts
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
On May 2, 2023, Applicants filed for contempt against the Respondent. The core issue was whether the Respondent's actions, particularly terminating a school headmaster’s employment, constituted contempt. The Respondent argued these actions were within his rights as the school's proprietor. The court ruled that the Respondent’s conduct prejudiced ongoing injunction proceedings, thereby constituting contempt. The Respondent was fined GHS 20,000, default resulting in imprisonment, and ordered to sign a bond of good behavior.
On 2nd May 2023, the Plaintiffs/Applicants (hereinafter called the Applicants) filed a motion on notice before this Court.
The motion is praying the court for an order to commit the 1st Defendant/Respondent (hereinafter called the Respondent) to prison for contempt of court.
The motion is supported by affidavit and exhibits.
The relevant paragraphs of the motion are reproduced below.
3. That I have the consent of the Applicants to swear to this affidavit on their behalf on matters which have come to my attention in the course of performing my duties.
5. That the Applicants on the 6th of July 2022, instituted legal action against the Defendants for the following reliefs: i. A declaration that an equitable trust existed between the Plaintiffs and the 1st and 2nd Defendants.
A declaration that the 1st and 2nd Defendants acted in contravention and in breach of the trust that existed between them and the Plaintiffs.
An order directed at the 1st and 2nd Defendants to render accounts to the Plaintiffs for all monies received from the operation of the school, pharmacy and all businesses set up on the Church premises as well as businesses set up with funds belonging to the Church.
An order directed at the 4th Defendant to expunge from its register, the names of the 1st and 2nd Defendants, the names of all persons appointed by them as Directors or subscribers of the 3rd Defendant.
v. An order to the 4th Defendant to restore the names of the 1st and 2nd Plaintiffs and install their names as subscribers of the 3rd Defendant.
An order of perpetual injunction on all unauthorized businesses operating on the Church premises.
6. That the Applicants on 23rd August 2022, filed a motion on notice for an order of Interlocutory Injunction against the 1st, 2nd and 6th Defendants to restrain the Defendants/Respondents therein, from holding themselves out as pastors, directors and officers and operating the 3rd Defendant, the word of Faith Christian School (now Foothill Christian School), the 5th Defendant and affiliates, and from accessing funds and assets/properties as well as bank accounts belonging to the 3rd Defendant, the word of Faith Christian School (now Foothill Christian School), the 5th Defendant and their other affiliates pending the final determination of the action.
7. That the motion was duly served on the Defendants/Respondents therein.
8. That the 1st, 2nd and 6th Defendants filed affidavits in opposition to the application for injunction on 30t