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February 18, 2025
HIGH COURT
CORAM
Applicant Filed the Motion on Notice for Committal of the Respondents for Contempt of court.
Attached to the motion paper is the affidavit in support. Permit me to quote the relevant parts of the affidavit in support of the application.
1. That I commenced an Action against the 1 st to the 29 th Defendants/Respondents for reliefs as endorsed on the Writ of Summons and Statement of Claim and on the 15 th day of January, 2024, the 30 th and 31 st Defendants caused their lawyers to file a motion for Joinder to be joined to the suit and the Joinder Application was granted by the Honorable Court. Attached for the perusal of the Court is 'Exhibit A' which is a copy of the Joinder filed by the 2 nd and 3 rd Respondents.
2. That on the 21 st day of August, 2024, I filed a further Amended Statement of Claim Pursuant to the Order of the Court dated 14 th August, 2024 for the following reliefs, with a copy of the Amended Statement of Claim attached as 'Exhibit B':
a. A Declaration that the plaintiff remains the owner in possession of the disputed property.
b. A further Declaration that the Defendants have no interest in the disputed property.
c. An order for recovery of possession of the portions of the property that has been trespassed upon by the Defendant on a particular date to be given by the Honorable Court.
d. An Order by the Court declaring any Judgement given in respect of the property in issue without notice of Plaintiff as void due to the fact it was procured by fraud.
e. Perpetual Injunction restraining the Defendants, their servants, agents, successors in title, assigns and whomsoever gains title through the Defendants, from setting foot onto the subject matter and laying claim to any piece thereof,
f. Damages for trespass.
g. Any other reliefs that the Honorable court deems fit and proper.
3. That whiles the matter is still subsisting, the 1 st Respondent on or about 29 th of August, 2024, sacked a tenant whom I had put in occupation in one of the properties I had constructed on the subject matter and demolished the building.
4. That the 1 st Respondent also hired workers to break off portions of the property she destroyed leading to the destruction of the premises.
5. That I filed a Motion on Notice for Interlocutory Injunction and Preservation of Property against the 1 st Defendant/Respondent on the 10 th day of September, 2024. Attached and marked as 'Exhibit C' is the motion on Notice for Interlocutory Injunction and Preservation o
AI Generated Summary
In this Ghana High Court contempt application, Her Ladyship Comfort Kwasiwor Tasiame considered whether respondents committed contempt when they acted on a disputed property during a pending interlocutory injunction motion. The Applicant had sued numerous defendants over the land and, after alleged demolitions and evictions by the 1st Respondent, filed for interlocutory injunction on September 10, 2024. Despite the pending motion, respondents demolished shops and started constructing a wall. The 2nd and 3rd Respondents asserted they were executing a prior High Court judgment, including recovery of possession in Dr. Robert Kumoji & Yvonne Kumoji v. RV. Issac Oti Boateng & Others. Applying Ghanaian contempt jurisprudence and High Court Rules, the Court held that acting during the pendency of the motion with notice constitutes contempt, distinguished Order 43 penal notice requirements, found the 2nd and 3rd respondents were notified, and, mindful of family relations, cautioned and discharged them.