…insists contemnors have no success on Appeal
By Ivy Benson
An Application for stay of execution filed before the Land Court in Accra over the imprisonment of six persons connected to the Weija Stool has been dismissed.
The court, presided over by Justice (Mrs.) Barbara Ward Acquaye rejected the application filed by the chief and elders of Weija, who have been jailed for six months for contempt of court on August 30, this year, noting that the applicant had no chance of success on appealing against it ruling.
According to the court, the contemnors; Fred Quaye, alias Agyei Brown, Nii Pampam Aryee, alias Nii Ayi the Weather, Nii Dua, Nii Boafo Daayine-Nse, alias Oko Evans, Weija Dzaase, Nii Seth Aryeety, alias Seth Mamao and Nii Kofi Okine, alias Stool father, are chief, elders and opinion leaders in Weija, and had prevented F.K. Company Limited, a real Estate developer from executing a judgement it had in its favour over a disputed land in Weija.
It was further the view of the court that the contemnors have no chance of success at the Court of Appeal, since there are evidence that the applicants have continuously prevented the Real Estate Development Company from executing a judgement affirmed by the Supreme Court in its favour.
The court further indicated that the Real Estate Company had fought all the way to the highest court of the land, and had had judgments affirming the decision of the High Court that the 95.194 acres track of land, located at New Weija belongs to the company.
It was the view of the court that if the contemnors succeed on appeal, they would always return to their status.
Cost of GH¢300.00 was, therefore, awarded against the contemnors.
The Weija Dzaase and elders of the Weija Stool filed a Notice of Appeal in October 21, this year, on the grounds that the trial judge that convicted them for contempt erred for ordering that they should be served the contempt application by substitution and also jailing them for six months without giving them a hearing.
It was the ruling of the trial court that the opinion leaders of Weija, connected to the dispute, were not allowing to be served by the contempt of court proceedings, adding that there are evidence before the court that court bailiffs and policemen deployed to ensure service on the applicants were prevented, and had to leave in order not to breach the peace in the area.
The court further noted that since the conviction was quasi-criminal and would lead to imprisonment, it made an order for them to be served by substitution.