MICHAEL ATTA OSEI vs. CHRISTIAN MENSAH AFLAKPUI & ANOR.

The dispute arose from long-running litigation over the same parcel of land at West Achimota, Accra. The 1st respondent had, from 1988, pursued multiple actions against the appellant claiming title, possession and related reliefs over the land, while the appellant counterclaimed for declaration of title, recovery of possession, damages for trespass and perpetual injunction. In earlier proceedings, the appellant ultimately succeeded in the Circuit Court, Court of Appeal and Supreme Court, obtaining judgment over the whole disputed land, including possession and injunction. Despite those final decisions, the 1st respondent repeatedly initiated fresh proceedings and applications in the Circuit Court and High Court seeking to re-open the question of the extent of land covered by the earlier judgments, contending that the appellant was entitled only to 0.18 acres while he retained 0.25 acres and a building on the land. Relying partly on an obiter remark in a High Court ruling that what remained was a surveyor’s task, the respondents caused the Regional Surveyor and his agents to enter the land to demarcate it. The appellant then sued for damages and injunction. In the course of that suit, the respondents sought to commit the appellant for contempt on the basis that, while their application for interim injunction was pending, he entered the land and demolished the structure thereon. The High Court committed the appellant for contempt. He appealed.