[2016]DLCA4545February 29, 2016Court of Appeal

THE REPUBLIC vs. ESSASOHENE NANA BOAKYE AGYEMAN EX PARTE NANA KWAKU NSIAH

AYEBI, JA 1. This is an appeal against the refusal of the High Court to uphold the applicant/appellant’s application which cited the respondent/respondent for contempt of court. The application was brought under Order 50 rule 1 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47). According to the appellant, in 1991, the respondent, as Essasohene and Nana Akosa Yiadom as Amakomhene, sued him and two others in respect of a parcel of land at the District Magistrate Court Grade 1, Kumasi. Appellant said they as defendants therein counter-claimed for the land claimed by the respondent and the Amakomhene - and then brought an application for an order of interlocutory injunction to restrain the plaintiffs therein from interfering with the possession of the land until the final determination of the suit. 2. On 14th April 1993, the Magistrate Court granted their application and accordingly restrained the plaintiffs therein. It is the case of the appellant that the respondent and o.....