THE REPUBLIC vs MIDLAND SAVINGS AND LOANS LTD. & ORS
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, ERIC KYEI BAFFOUR, ESQ., JUSTICE OF THE HIGH COURT
Areas of Law
- Civil Procedure
- Evidence Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court ruling by Justice Eric Kyei Baffour consolidates two committal proceedings under Order 50 arising from a property dispute between Midland Savings and Loans Limited and David Kwadwo Anim concerning the Le Baron Hotel. Midlands 2013 action sought possession, mesne profits and damages based on a 2012 assignment; Anim counterclaimed for declaratory relief, an MOU and accounts. In March 2016, Justice Eric Baah ordered Anim to vacate, both parties to inventory and value repairs, Midland to renovate within two months, then put the property to profitable use and pay GH210,000 monthly into court. Anim filed contempt alleging Midland demolished part of the hotel; Midland filed contempt alleging Anim obstructed orders by a false police report and force. The court dismissed Anims contempt as baseless, found Midland was executing the courts order, and convicted Anim of contempt for willful interference, sentencing him to a fine of 400 penalty units or two weeks imprisonment.
“if the orders of the court can deliberately be set at naught by a litigant employing for her own personal advantage such means as were here resorted to and if indeed it be the case that she has to go unpunished for her contumacy, justice vanishes from the horizon and the law is brought into disrepute… in the memorable word of his honour Judge Curtis –Raleigh: ” the law should not be seen to sit by limply while those who defy it go free and those who seek its protection lose hope”Per Atuguba JSC in IN RE KWABENG STOOL, REPUBLIC v BROWN; EX PARTE KARIKARI [2005-2006] SCGLR 35@41 and relying on the English authority of JENNISON v BAKER [1972] 1ALR 997 @1005-1006 CA.
Before me are two separate committal proceedings mounted under Order 50 of the High Court (Civil Procedure) Rules, C. I. 47. In the first of the two applications filed on the 19th of June, 2017 by David Kwadwo Anim, he cites the Respondents – Midland Savings and Loans Limited, William Adjovu, Michael Adjovu and Roger Adjovu for acting in a manner that is contemptuous of the court.
Whiles in the second application filed by Midland Savings and Loans Limited against David Kwadwo Anim, the company has cited David Kwadwo Anim for contempt of court.
The court in its wisdom consolidated the two committal proceedings as they arise from common questions of law and fact.
What has given rise to the two applications can be said to be a writ issued by Midland Savings and Loans Limited (hereinafter called Midland) as Plaintiff on the 25th of October, 2013 against David Anim as Defendant claiming the following reliefs: recovery of possession, mesne profit at the rate of Gh¢20, 000 per month from 28th October, 2013 until possession is delivered up, damages for breach of contract and legal cost. David Anim on the other hand counter-claimed for declaration that an assignment of the property made by the 2nd Defendant (Le Baron Hotel) in favour of 1st Defendant was for a limited purpose of satisfying the terms of the financial arrangement entered into between the parties in July, 2012, an order to Midland to execute an MOU stating specifically the terms of the financial arrangement between the parties, an order directed at Midland and 1st and 2nd Defendants (Le Baron Hotel) to the counter-claim to render accounts to the Defendants of the period they took charge of Defendant’s business, special damages arising from breach of contract and Cost. According to Midland, per an assignment in July, 2012 David Anim a