[2018]DLCA4684 • April 19, 2018 • Court of Appeal
THE REPUBLIC vs. THE MANAGING DIRECTOR, STATE HOUSING CO. LTD. EX PARTE MRS M.Y.N. ACHIAMPONG
The appellant was granted land by State Housing Company Ltd. in 1981 for a school and paid development charges. The company failed to provide necessary infrastructure such as roads and drains. The appellant obtained a 2012 court order directing the company to provide such infrastructure within six months. Despite reminders, the company did not fully comply, leading to a contempt application against the Managing Director, which was dismissed, prompting this appeal.
read moreSUURBAAREH, J.A.: This is an appeal against the ruling of the High Court, Accra, dated 5th May, 2016. The appeal has been mounted on the following grounds, filed on 6th June, 2016: “(a) The Ruling is against the weight of the evidence provided. (b) The judge misdirected herself as to the applicable law to the case. PARTICULARS OF DISDIRECTION i. The trial judge misdirected herself by ruling that the trial judge’s order in the Judgment of 25th April, 2012 that ‘An order to the defendant to provide roads, drains and “any other necessary infrastructure to be provided by a Real Estate Developer by law to facilitate the development of No. 4 School Street, Teshie-Nungua Estate within six months upon the service on the defendant of this judgment.” is uncertain/ambiguous.’ ii. Again the trial court misdirected herself as to the applicable law to the case when she ruled to the effect that ‘partial’ performance of the order of the court is sufficient to satisfy t...