[2013]DLHC12064 • April 18, 2013 • High Court
VICTOR ODIKO NORTEI, APROTECH HOUSING SCHEME LTD, DR. KOFI SAM vs. THE STATE HOUSING CO. LTD & 61 ORS AND THE REPUBLIC vs. KWABENA KINGDOM EXPARTE: VICTOR ODIKO NORTEI
The case involves an application for contempt against the respondent who occupied land leased to him by the State Housing Company (SHC). The respondent had a judgment in his favor against the applicant and had followed proper court procedures for possession. The applicant alleged contempt by the respondent.
read moreRULING In this application which is quasi criminal, the sanction means imprisonment or otherwise, the onus is really on the applicant to prove the contempt action of the respondent. I have listened and read the affidavit attached and exhibits. I am of the considered opinion that, the contempt had not been proved against the respondent. He genuinely occupied the land leased to him by SHC and had judgment against the applicant. This had not been appealed against. He has undergone the procedure for possession in the Court. The application therefore fails.