REPUBLIC V. DAVID ASEYE TAY AND KWASI OSEI OFORI (EX PARTE: MISYL ENERGY COMPANY LTD)

RULING

The facts of this case are as follows: Misyl Energy was the complainant in a criminal case, The Republic v. David Aseye Tay. The accused was convicted, and the court, by way of restitution, granted a property to Misyl Energy. Kwasi Osei Ofori (the "Respondent/Applicant"), who was handling the property despite the Restitution Order being posted on it, was convicted for contempt of court, cautioned, and discharged. A second application for contempt was subsequently filed against the Respondent. Counsel for the Respondent raised a preliminary legal objection to the second contempt application. After considering the arguments, the court overruled the objection on 15th August, 2024. Dissatisfied with the court’s ruling, the Respondent's legal counsel filed a notice of interlocutory appeal and subsequently sought a Stay of Proceedings. The application was filed on 18th September, 2024, with a return date set for 9th October, 2024.

Applicant’s Case

It is the case of the Respondent/Appli…