THE REPUBLIC v. SOWAH BANKADI & ANOTHER
2012
HIGH COURT
GHANA
CORAM
- DENNIS ADJEI
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2012
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicant requested the court to hold the Respondents in contempt for ignoring an interlocutory injunction pending at the District Court in Madina, Accra. This injunction was meant to stop the Respondents from developing a plot of land. The 1st Respondent opposed the application, denying any such contemptuous actions. The 1st Respondent had previously secured a judgment and injunction against the Applicant for the same plot. The Applicant applied to overturn this judgment and filed for an interlocutory injunction in the interim. However, the court found the Applicant could not prove beyond reasonable doubt that contempt occurred and dismissed the claim. The court reiterated that contempt must be proven beyond a reasonable doubt and affidavits in such matters are to be treated akin to a charge sheet.
DENNIS ADJEI, J.A.:
The Applicant is praying this court to commit the Respondents for contempt for willfully and deliberately ignoring and defying an application for interlocutory injunction which was pending before the District Court Madina, Accra.
The application for interlocutory injunction was seeking to restrain the respondents from developing and or doing any act in respect of a plot of land at Dzan Ayor.
The 2nd respondent who was described by the applicant as purchaser or trespasser was not served with the application for committal for contempt.
The 1st respondent who was served with the application opposed it and stated that he had not done anything contemptuous of the pending application before the District Court.The brief facts of this application are that the 1st respondent herein took an action against the applicant herein at the District Court,Accra.
The 1st respondent subsequently obtained judgment against the applicant for a declaration of title to a plot at Dzan Ayor and an order for interlocutory injunction.
The applicant applied to the District Court to set aside the judgment obtained by the 1st Respondent against him and a further order staying the execution of the said judgment.
When the application to set aside the judgment was pending the applicant filed an application for interlocutory injunction to restrain the respondent from dealing with the subject matter of the suit in which he has obtained judgment.
It is this application which the applicant claims to have been flouted by the 1st respondent.
The relevant paragraphs of the application for contempt are paragraphs 11,12,13,14,15,16,17, and 18 of the supporting affidavit.
That once again even at the time when the Motion on Notice to set aside whatever decision he obtained in my absence was pending in court yet to be heard, I noticed that the plaintiff/Respondent or person claiming through him had re-entered my land unlawfully which land is the piece or parcel of land he sold to me for which I made a part payment to him.
That the case is still pending for hearing at the had not recovered my money from the plaintiff/respondent herein whatever monies he had given to any third party without my knowledge and consent.
That my money is still with the plaintiff/Respondent herein this Honourable Court had not even granted any leave to the plaintiff/Respondent to return my part payment to me.
That I have not relinquished my land to the Plaintiff/Respondent herein.
That while t