[2009]DLSC2475 • March 4, 2009 • Supreme Court •
AGYENIM BOATENG & 27 ORS vs. S. K. BOATENG AND IN THE MATTER OF THE REPUBLIC S. K. BOATENG, EVELYN AKUFFO ODURO (MRS) EX-PARTE: AGYENIM BOATENG & ORS
The Applicants, members of the Kejetia Traders Association, sought to restrain the 1st Respondent (Chairman of the Association) and the 2nd Respondent (Manageress of National Investment Bank, Kumasi Central Branch) from withdrawing compensation money of GH¢392,062.90 paid to the Association following compulsory acquisition of property by the Government of Ghana. The Applicants alleged contempt of court by the Respondents for wilfully disobeying a stay of execution order pending appeal. The 1st Respondent had withdrawn the compensation funds before the stay was filed in the Supreme Court, and the 2nd Respondent allowed such withdrawals.
read moreDOTSE, (JSC):- By their application before this Honourable Court, the Applicants herein, numbering about 28 and acting per Agyenim-Boateng are seeking an order to commit the 1st Respondent, S. K. Boateng and the 2nd Respondent Evelyn Akuffo Oduro (Mrs) 2nd Respondent for contempt of court and further order the 1st Respondent or both Respondents to pay the sum of GH¢392,062.90 into National Investment Bank, at Kumasi Central Branch or into court, pending the final hearing and determination of the substantive appeal by this court. From the affidavit and statement of case filed by the Applicants, it is clear that there has been a long drawn legal tussle between the Applicants herein, therein Plaintiffs/Respondents/Appellants and the 1st Respondent herein, therein Defendant/Appellants/Respondent. The 2nd Respondent herein had been attached to the present contempt application because of her position as the Manageress in charge of the National Investment Bank, Kumasi Central who is al....