[2014]DLCA5148July 17, 2014Court of Appeal

THE REPUBLIC vs. SAMMY ODARTEY LAMPTEY & ANOR EX PARTE ALEX QUARTEY

MARGARET WELBOURNE (MRS) J. A. FACTS In the case entitled Alex Quartey vrs Mr Sammy CBL 33/2001, Mr Sammy the 1st Respondent/Applicant claimed against Alex Quartey – the Applicant/Respondent the following reliefs: a) A declaration that plaintiff is the owner of the land described in the schedule attached to the statement of claim. b) Damages for trespass. c) Perpetual injunction restraining the defendant his agents, servant and assigns from interfering with plaintiff’s land. d) Recovery of possession. The trial judge gave judgment in respect of all the reliefs as claimed. The Trespass complained of, was in the area where the 1st Respondent/Applicant erected his kiosk. The judgment was executed by the deputy sheriff and his staff. The Applicant/Respondent (hereafter referred to as the Respondent) on 5th March, 2010, filed an application for committal for contempt against the Respondent herein who are husband and wife respectively as having forcibly re-entered and erecte...