THE REPUBLIC vs. THE HIGH COURT, ACCRA EX-PARTE: DR. KWABENA APPENTENG, INTERESTED PARTIES; STEPHEN KWAKU ASIEDU APPENTENG AND OTHERS.

The applicant, formerly an executor of the will of the late Samuel Christian Appenteng, obtained leave for a writ of possession over a property of the estate. Execution of the writ was obstructed by interested parties, leading the applicant to obtain an order for forcible entry and arrest of obstructors. The interested parties had earlier commenced an action challenging the disposal of the property and obtained an interim injunction. Despite this, the applicant and a co-defendant forcibly entered the premises, removed and destroyed machines belonging to the beneficiaries. The interested parties filed a contempt motion against the applicant and others, which was heard and found guilty by Tanko Amadu J of the Commercial Division of the High Court.

ATUGUBA, JSC:- Briefly stated, the facts of this case are as follows. The applicant until recently, one of the executors of the will of the late Samuel Christian Appenteng, on 18/4/2008 obtained, in a chain of steps, leave for the issue of a writ of possession, in respect of one of the properties of the estate of the said testator. However the purported execution of this writ was obstructed by the interested parties herein. The applicant thereupon obtained on 22/5/2008 an order for forcible entry and arrest of any person who would seek to obstruct the same. Meanwhile the interested parties had commenced an action on the 16/12/2007 against the interested parties impeaching the purported disposal of the disputed property. After an initial ex-parte interim injunction on 16/5/2008, the interested parties, on 30/5/2008 brought an application on notice for the same which was adjourned to 16/10/2008 for Ruling. Before the Ruling could be given, the interested parties claim per paragr...