[2008]DLCA6758 • April 17, 2008 • Court of Appeal
THE REPUBLIC vs. NANA KWASI ADU, NANA OPPONG ASAMOAH AND NANA KOFI ASUSEI EX-PARTE: JOHN OSEI KUSI
The case concerns a dispute over land known as Nkekyerekyi (also spelled Nterkyerekyi) lands. The respondents (Nana Kwasi Adu, Nana Oppong Asamoah, and Nana Kofi Asusei) were accused by the applicant (John Osei Kusi) of contempt of court for acts including allocation of land parcels, reporting the applicant for criminal trespass, and removal of demarcation pillars. The background involves prior litigation culminating in a consent judgment in 1996 and subsequent unsuccessful attempts by the applicant to set aside that judgment. The applicant alleged that despite a High Court ruling dismissing his contempt claim against the respondents, the respondents continued conduct that disregarded the court's authority and rulings.
read moreARYEETEY, J.A. This is an appeal against the ruling of the Kumasi High Court in a motion for an order of Attachment and/or committal for contempt in the court below against the respondents “for their various acts and conducts with respect to Nkekyerekyi lands especially the 1st Respondent’s act of allocating parcels of Nkekyerekyi lands to prospective developers as buildings plots and the 2nd Respondent’s act of reporting the applicant herein to the Striking Force Unit of the Ghana Police Service for criminal trespass in respect of Nkekyerekyi lands and the 3rd Respondent’s act of removing demarcation pillars on the said land which said diverse acts are calculated to bring the authority and administration of the law into [disrepute] or disregarded in the light of the ruling of the High Court, Kumasi dated 1st November 2002” Since the application is based on the ruling of the Kumasi High Court in Suit No. MISC. 138/2001 dated 1st November 2002, there is the need to go into t...