THE REPUBLIC vs WONDA WORLD PROPERTIES LIMITED & ORS

Counsel for the 1st Respondent Your Ladyship, we do not have instructions of 2nd and 3rd Respondents to represent them and we are saying on the authority of Order 50 Rule 1 (4) of C. I. 47 and the decision of the supreme Court in The Republic v. High Court, Commercial Division Accra Ex parte Millicom Ghana Ltd & Ors [2009] SCGLR this Court will not be seized with jurisdiction to proceed against the Respondents because they have not been personally served.

Counsel for the Applicant Your Ladyship, we are opposed to what the Respondent Counsel is saying as the Rules allow the Court to dispense with service in contempt application as stated in Order 50 Rule 1 (5) of C. I. 47. By Court: I am of the opinion that there is enough fodder on the docket to proceed against Wonda World only.

Counsel should thus proceed to move its application in these terms. MOTION ON NOTICE FOR AN ORDER OF COMMITTAL OF CONTEMPT Counsel for the Applicant Your Ladyship, we have before you a Motion on Notice for an Order to commit the Respondent for Committal of Contempt of Court.

I move in terms of the motion paper and the supporting affidavit and pray that the application be granted as Interlocutory Injunction order as granted on the 16/12/2022 is clear that access be granted to the meter room.

That notwithstanding the Respondent has wilfully locked up the meter room and prevented the Respondent from having access to the meter room to load ECG.

We rely on the case of Republic v. High Court Ex-Parte Afoda & Ano [2001-2002] 1 GLR 416. I pray that Paragraphs 9 and 12 be expunged as it impugns the integrity of this Court.

Counsel for the Respondent Your Ladyship, we are opposed to the instant application and our case is that the order as granted did not cover the meter room as stated on the injunction Order dated 16/12/2022. By Court: Having heard Counsels and noting Paragraphs 9, 10 11 and 12, I put it directly to the Respondent Counsel whether he remembers clearly the discussion the Court had that the Plaintiff/Applicant must be granted access to the meter room to load electricity? Counsel for the Respondent Your Ladyship, I remember the conversation but my recollection is that, this was off record and it was not part of the Application for Injunction.

By Court: The Court remembers clearly the discussion that the Defendant could not prevent access to the ECG Meter room as this was not part of the outstanding facility management fees.

BY COURT I note that the Order as granted