[2018]DLCA5184January 16, 2018Court of Appeal

THE REPUBLIC vs. D. V. KOFI AFEWU AND TERRY DARKO EX-PARTE: TAKORADI FLOUR MILLS LTD. AND MANTRAC CO LTD.

A. M. DOMAKYAAREH (MRS), J.A 1. This is an appeal from the judgment of His Lordship Justice Uuter Paul Dery, Justice of the High Court, Sekondi dated 16th March, 2015 in which the Appellants were convicted for Contempt of court. The Application for the attachment/committal for Contempt of the Appellants was filed on 31st December, 2014 before a differently constituted court. The reasons given by the Applicants, per their Affidavit in Support and accompanying Exhibits are that they the Applicants, sometime in May 2013 issued a Writ of Summons and Statement of Claim against the Electricity Company of Ghana (ECG) claiming inter alia, a declaration that the intended route for the construction of the 33KV overhead line from Kwame Nkrumah Circle to the Paa Grant Circle is wrongful. The Applicants then applied for an Interlocutory Injunction to restrain the ECG in the following terms: An order of the court to restrain “the defendant, whether by itself, its agents, assigns, privies, serv.....