[2019]DLCA7805 • October 29, 2019 • Court of Appeal
SAMUEL AMANKWA YEBOAH (PLAINTIFF/APPELLANT) vs. SPLENDID BUSINESS SERVICE LTD (DEFENDANTS/RESPONDENTS) IN THE MATTER AN APPLCIATION FOR COMMITAL FOR CONTEMPT THE REPUBLIC vs. ANDERSON BAAFI, EMMANUEL ADANSI BONAH AND ISAAC OSEI (RESPONDENTS/RESPONDENT) EX-PARTE: SAMUEL AMANKWAH YEBOAH (APPLICANT)
DZAMEFE, JA Daniel Yaw Sekyere Esq, counsel for and on behalf of the plaintiff/applicant herein filed a motion on notice for an order committing the respondent to prison for wilful disobedience of the judgment of the High Court dated 11th November 2016 and for any further orders the court deems fit. The applicant in support of this motion averred that the respondents are Directors of the Defendant Company against whom he instituted the instant suit for the reliefs endorsed. While the suit was pending, the plaintiff and the defendant acting by its Directors, signed terms of settlement which was adopted by the court as the consent judgment of the parties – “Exhibit SAY 1”. The plaintiff on 30th January 2017 filed an entry of judgment and same served on the defendants. The plaintiff averred that in the terms of settlement which became the consent judgment, the defendants were supposed to hand over the lease document used as collateral to Beige Capital to the plaintiff by the...