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THE REPUBLIC V. DANIEL AKWETEY AND YAW OKYERE (EX PARTE)

(2024) JELR 114489 (HC)

High Court  •  D16/23/2022  •  27 Mar 2024  •  Ghana

Coram
GIFTY DEKYEM (MRS.)

Appearances
ETHEL EFUA DJAH ESQ. HOLDING BRIEF FOR PHIDELIS OSEI DUAH ESQ. FOR APPLICANT; FRANK NKANSAH ESQ. HOLDING BRIEF FOR D. C. HAMMOND ESQ. FOR RESPONDENT

Judgement

JUDGMENT

The instant is in respect of an application for committal for contempt of court against the Respondent for spitefully disobeying an order for an injunction made by the District Court ‘A’, Koforidua.

The affidavit in support shows that the Applicant herein filed a writ against the Respondent herein at the District Court ‘A’, Koforidua seeking a declaration of title to land, perpetual injunction restraining the Respondent from encroaching upon Applicant’s land and costs. Except for burial, by an order of the District Court dated 6th August 2021, both parties were restrained by the District Court from dealing with the land in dispute. It is the case of the Applicant that, the Respondent entered the land and in October 2021, placed a metal container meant for business activities on the land. Applicant contends that the conduct of the Respondent amounts to contempt and brings the administration of justice into disrepute.

The application was vehemently opposed by way of an affidavit i…

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