An Accra High Court (Land Division) presided over by Her Ladyship Dr. Bridget Kafui Anthonio-Apedzi has found Nowak Developments Limited and Oko Nortei Omabo (respondents) guilty for contempt.
The Respondents jointly and severally were sentenced to a fine for GHS 50,000.0 or in default 3 weeks imprisonment according to the ruling dated 27th March , 2024.
On 12th December 2023, Life Group Of Companies Ltd (Applicant), the Plaintiff in the substantive suit, applied for contempt, for the committal of Nowak Developments Limited and Oko Nortei Ornaboe, the 1st and 2nd Respondents, respectively.
“I sentence the Respondents jointly and severally, to a fine for GHS 50,000.0 or in default 3 weeks imprisonment. In evaluation the elements Of sentencing, I have considered mitigating and aggravating factors. The fact that the Respondents operate an ongoing business is mitigating. However, their Consent dealings is aggravating; given the manner they strayed and “crossed the line” onto the turf of contempt,” the ruling said.
“ Accordingly, I considered whether the said consent should be said aside – it was granted during the pendency Of the matter and its subsistence creates prejudice to the determination of the matter. During submissions, it turned out that the Respondents are using the said Consent, to register Notice, to the world under ACT 1052 — this is in bad faith. They benefited from the court’s fairness only to turn around and undermine the court’s justice. This must be halted, pending further orders Of the court. Therefore, in reliance of the court’s inherent jurisdiction and to do equity, I hereby set the consent granted by the Lands Commission and suspend its effect, until the final determination Of the matter. Otherwise, there will be no meaningful consequence for the contempt holding since I have not restrained the Respondents from using the car park, as a business”
This was for, inter alia, a declaration of title to land situated at Airport Commercial Centre, Accra, in the Greater Accra Region, (described as Plot IA of approximate area of 0.97 of an acre). The alleged contemptuous act touched on the said Plot IA. The reliefs sought also included an Order directed at the Lands Commission to Cancel and expunge from its records, all transactions related to Plot IA, as between the Government of Ghana (GOG) and 1st Respondent, and to restore the lease; recovery Of vacant possession of Plot IA; and perpetual injunction restraining 1st Respondent and 2nd Defendant from dealing with the Plot IA.
In addition to filing the Writ, Plaintiff applied for an interlocutory injunction to restrain the I st Defendant from going onto Or dealing with Plot IA, the “land”. The Interlocutory application was served on the 1st Respondent. Incidentally, the 2nd Respondent is supposedly the sole director Of the I st Respondent company. I shall not delve into whether or not this complies with the Company Act.
Ghana | Atinkaonline.com
