THE REPUBLIC vs WILMART VENTURES & ORS
2015
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE G. S. SUURBAAREH SITTING AS ADDITIONAL HIGH COURT JUDGE
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Evidence Law
- Constitutional Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The applicant's motion to have the respondents committed for contempt was based on alleged willful disobedience of a court order restraining activities on disputed land. The court examined whether the respondents had knowingly breached the order. Evidence included affidavits and purported photographs. The respondents denied the accusations, asserting they were working on adjacent land granted by the Lands Commission. The court found the evidence provided by the applicant insufficient to prove contempt beyond reasonable doubt, resulting in the dismissal of the application with costs. Additionally, the judge criticized the applicant's engagement of the Accra Metropolitan Assembly in a matter still pending in court.
In these proceedings, the applicant is seeking to have the respondents committed for contempt and punished for alleged wilful disobedience of an order of the court.
The facts in support of the application are contained in three affidavits filed on 9th January, 2015, 19th March, 2015 and 24th June, 2015 designated as affidavit in support, supplementary affidavit in support and further supplementary affidavit in support respectively.
From the cumulative effect of the facts contained in the three affidavits, the applicant’s complaint is that, even though the court on the 4th November, 2014 granted an interlocutory injunction in a land suit pending between the parties and which order was duly served on the respondents, they have blatantly disregarded the order and continued to work on the disputed land.
According to the applicant, this conduct of the respondents compelled him to make a report to the Accra Metropolitan Assembly which warned the respondents against the illegal construction and went on to lock up the place but that the respondents broke the lock and continued to work day and night.
The applicant further alleged that the conduct of the respondents, in breaking the lock to continue work on the land, led to the arrest of the agents and workmen of the respondents and their being fined and made to sign an undertaking.
In conclusion, the applicant alleged that, following the visit by the Accra Metropolitan Assembly to the land, the respondents went onto same with earthmoving equipment and pulled down a fence wall.
In support of the allegations against the respondents, the applicant exhibited to the supplementary affidavit, a copy of the affidavit of service of the order of interlocutory injunction and the undertaking by the workmen and agents with the receipt of payment as exhibits BA1 and BA2 respectively.
Also exhibited to the affidavit in support of the motion, and marked as exhibit“BA1”, is a photograph depicting people working on land said to be the agents/workmen of the respondents.
In support of the allegation of the respondents having sent earthmoving equipment onto the disputed land to pull down a wall, were exhibits “DBA” series exhibited to the further supplementary affidavit.
The respondents, who invariable denied the allegations of contempt, responded to them in three affidavits filed on 23rd January, 2015, 25th February, 2015 as well as 29th June, 2016 labelled as affidavit in opposition, supplementary affidavit in oppositions an