Three persons are to appear before an Accra High Court to answer a contempt application against them, in relation to a disputed 465-acre land situated within Borteyman-NmaiDjorn, in the Greater Accra Region.
Eugene Sowah Odamtey, Captain Edmund Kojo Koda and Hares Muda are expected to appear before the court on Thursday, August 15, 2024.
This follows an application for contempt filed by Nii Afutu Kotey Gbomosane II (the applicant) before the court.
The applicant, in an affidavit in support of the contempt application, said on January 1, 2024that the first respondent, Odamtey, filed an application for leave to issue a writ of possession to recover the disputed land, following an execution of the judgement of the court.
According to the applicant, the judgement of the High Court had been affirmed by the Supreme Court.
The applicant said Odamtey, on June 26, 2024 filed an affidavit in opposition to his application for leave, to issue a writ of possession.
The court granted Odamtey’s application for leave to issue a writ of possession.“That being agreed by the ruling of the honourable court, I caused to be filled a Notice of Appeal seeking to set aside the ruling of the court.
“On the back of the appeal, I proceeded to file an application for stay of execution on July 12, 2024 and had same served on the first respondent (Odamtey) through his counsel,” the applicant said.
The applicant said even before the issuance of the Writ of Possession, Odamtey, aided by Captain Koda and Muda, had gone onto the disputed land to allegedly take possession of the disputed land, which had issues with boundary demarcation and a proper judgement plan.
According to the applicant, despite the service of the application for stay of execution on Odamtey and pending the application for stay of execution having been brought to their notice, “they are still on the disputed land forcibly trying to take possession of the land.”
The applicant said he was advised by counsel that the conduct of the respondents was “unacceptable and improper,” and same was a “complete disregard of the sanctity of the judicial process… and unlawful interference with the administration of justice, and same undermined the authority of the court.”
The applicant also held that the conduct of the respondents “is not only bad in faith but one that makes mockery of and usurps the judicial power of the court, granted under the 1992 Constitution of Ghana.”
Additionally, the applicant held that the respondents’ wrongful conduct was tantamount to contempt of court and warranted the imposition of appropriate punitive sanction to serve as a deterrent to others, who may dare to tread the same path as the respondents.
Meanwhile, six persons, including Eugene Sowah Odamtey, have filed a notice of interlocutory appeal against Ebenezer Niikoi Kotey, Numo Kotey Frontier (substituted by Nii Afutu Kotey) and the Lands Commission at the Court of Appeal.
The appellants, being dissatisfied with the ruling of the Land Court 8, ruling dated July 10, 2024 filed the appeal.
According to the appellants, the trial judge erred in his ruling when it granted the application for leave to issue a writ of possession for recovery of possession of the disputed land, thereby occasioning miscarriage of justice.
According to the appellants, the grant of the respondents application for leave to issue a writ of possession in the absence of Forms 18C and 18D accompanying the application “is per in curium of the Supreme Court judgement titled Jeleel Company Ghana Limited verses Zion Energy Limited and Trasacco Furniture Limited, Civil Motion Number J8/61/2022 delivered on March 2, 2022.”
The appellants are at the Court of Appeal on the grounds that “the grant of the respondent’s application for leave to issue a writ of possession notwithstanding that the boundary of the disputed land had not been demarcated and the respondent had no judgement plan as well.
