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THE REPUBLIC V. NII KWEI APLAKU MANTSE EX PARTE STEPHEN KOFI ARMAH

(2017) JELR 65191 (HC)

High Court  •  SUIT NO. CR 253/2017  •  17 May 2017  •  Ghana

Coram
ERIC K. BAFFOUR ESQ. JUSTICE OF THE HIGH COURT

Judgement

The Applicant has mounted this application under Order 50 of the High Court (Civil Procedure) Rules, C. I. 47 seeking an order of committal for contempt against the Respondent. In the motion he claims that Respondent should be committed due to ‘willful and continued disregard of the authority of this honourable court” by reason of his continued erection of building structures on the land in dispute, placing a caretaker, trip of chipping stones and fixing the main gate on the disputed property in the face of an interim injunction granted by this honourable court.

The basis of this claim of Applicant is contained in the affidavit that accompanied the motion which can be summarized as follows:

That he filed an application for interlocutory injunction to restrain Respondent from proceeding with further development on the res litiga till final determination of the suit which said application was granted on the 12th January, 2017. To Applicant notwithstanding the fact that the order was duly …

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