THE REPUBLIC vs UMMU HAIRA SALIFU & ORS
April 3, 2025
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARIE-LOUISE SIMMONS (MRS.), JUSTICE OF THE HIGH COURT
Areas of Law
- Civil Procedure
- Evidence Law
April 3, 2025
HIGH COURT
GHANA
CORAM
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The Applicants originated this action per the filing of an application for Contempt of Court on the 30th December 2024. The Applicants have prayed the Court to commit and punish the Respondent herein for Contempt of Court for conduct which is deliberate and willful and a disregard for the authority of the Court. The acts of the Respondent have been said to be a ridicule of the laws of this country and a defiant act and conduct, calculated to bring the authority of the Courts into disrepute.
Again, the Respondent’s acts are said to be acts that will prevent the Plaintiffs/Respondents especially the 2nd Respondent from having access route to her home to enable her enjoy the services of emergency and relieve agencies such as ambulances and fire in case of such emergencies.
The application is supported by an 18 paragraphed affidavit in support and some annexures. There are also two (2) supplementary affidavits in support one filed on the 31st January 2025 attaching the relevant Order of the trial Court and another filed on the 17th March 2025 providing further particulars on the exhibits earlier attached to the application. The annexures are the Exhibit A-F series.
The supporting affidavit deposed to by the 1st Applicant for himself and on behalf of the 2nd Applicant states that both Applicants took out a Writ of Summons and an Application for Injunction at the Circuit Court, Achimota in Accra against the Respondent herein as the Defendant. It is said that the said Writ and Injunction were both served on the Respondent herein. The application further explains that all parties are residents of Bankyease-Tabora within the Ga Central Municipality and the Respondent had commenced developments of the adjoining land to the West of the 2nd Applicant’s land and East of the 1st Applicant’s land. This development is said to have blocked off access routes to the home of the 1st Applicant and also the kitchen area and back door of the 2nd Applicant hence the suit.
The application continues that with the Respondent being incensed by the service of this Writ, she brought earth moving machines and vehicles to dig a manhole in the section of the road adjoining the property, the subject matter of the suit, with a wall constructed to block the road. It has been asserted that this construction blocked the road preventing access to the Applicants especially in case of the use of the emergency services. It is also deposed tha
AI Generated Summary
Her Ladyship Justice Marie-Louise Simmons of the Ghana High Court dismissed an application for contempt brought by two Bankyease-Tabora residents against their neighbor, who had purchased land from Ibrahim Anas and was constructing a building and a manhole that allegedly blocked access routes and endangered the community. The Applicants relied on an interlocutory injunction issued by the Circuit Court, Achimota, asserting that the Respondent continued building and barricaded the road with roofing sheets during the pendency of the suit. After evaluating affidavits, supplementary affidavits, and photographic exhibits (A–H), the Court found the Applicants had not proved, beyond reasonable doubt, willful disobedience of a clear order or any criminal contempt. The Court stressed the burden and standard of proof, failure to establish the precise subject matter land, and inadequacy of dated, probative photographic evidence. The application was refused and dismissed, the Respondent was warned to comply with the injunction, and costs of GHC 3,000 were awarded against each Applicant.