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THE REPUBLIC V. AKWASI MENSAH EXPARTE: JIBRIL MAHAMA

(2017) JELR 67920 (HC)

High Court  •  SUIT NO. CR/348/2017  •  28 Aug 2017  •  Ghana

Coram
KWEKU T. ACKAAH-BOAFO JUSTICE OF THE HIGH COURT

Judgement

RULING

ACKAAH-BOAFO J.

Background:

[1] The facts of this case are free from complexity. On May 10, 2017 the Applicant filed at the registry of this Court a Motion on Notice for Committal and Punishment by Imprisonment pursuant to Order 50 of the High Court Civil Procedure Rules, 2004 C.I. 47 based on the grounds that despite the pendency of a lawsuit against the Respondent who is a Defendant in the suit, he is unlawfully developing the land, the subject matter of the action. The contention of the Applicant is that following the destruction of the development made on a piece of land he purchased from the Respondent, he caused to be issued a Writ of Summons and a Statement of Claim against the Respondent in Suit Number LD/0332/2016 on January 21, 2016. That suit is pending at the Land Division of the High Court. A copy of the writ of summons is attached to the instant application as Exhibit “A”. The reliefs endorsed on the writ include Declaration of title, an order for Specific Performanc…

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