[2020]DLHC10137May 11, 2020High Court

WILLIAM ANUM OKLEY VS. EMMANUEL ASSINU AND IN THE MATTER OF MOTION ON NOTICE FOR COMMITTAL FOR CONTEMPT THE REPUBLIC vs. EMMANUEL ASSINU Exparte: WILLIAM OKLEY ANUM

The applicant, William Anum Okley, filed a civil land suit against the respondent, Emmanuel Assinu, seeking damages for trespass and a perpetual injunction over disputed land. Alongside the substantive suit, the applicant filed an interlocutory injunction application to restrain the respondent and his agents from entering the land pending final determination. Despite service of these processes, the respondent allegedly continued construction activities on the land. The applicant then filed a motion for committal for contempt, alleging the respondent's willful disregard of the pending injunction application and court authority. The respondent denied the allegations, asserting no construction was ongoing by him or his agents on the disputed land and that he was developing land lawfully owned by the church he represents, which had been declared owner in a prior judgment. The applicant also relied on a police report and photographs as evidence of contempt, which the court found problematic in admissibility and probative value.

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1.0 Background 1.1 Ruling in this matter/application was scheduled for delivery on 30 March 2020. It could not be delivered. The parties and the lawyers failed to attend court. This is due to the restrictive order that the President of the Republic issued as part of measures in addressing the Coronavirus pandemic. The executive order, subject to a few exemptions, affected and restricted the movement of persons and residents within the Greater Accra metropolis, certainly including the parties and their lawyers in the matter who as a result did not turn up in court, though the court was ready. Despite the absence of the parties and their lawyers, the lawyers kept contact with the court clerks and agreed with the clerk to reschedule delivery of the judgment to today 11 May 2020 1.2 By Order 50 Rule 1 of the Rules of Court , and pursuant to an application that was filed on 21 February 2018, the applicant seeks an order of the court “to convict and sentence the Respondent herein to .....