[2024]DLCA17774November 28, 2024Court of Appeal

THE REPUBLIC vs. AFRICAN INVESTMENT MANUFACTURING GH (AIMG) & 3ORS. EX PARTE KANE-EM INDUSTRIES LTD

JUDGMENT Ackaah-Boafo, JA i. Overview: [1] My Lords, this appeal raises procedural and substantive issues concerning contempt proceedings initiated in the High Court by Kane-Em Industries Limited, the Respondent herein, against four parties, including the Appellant, AFC Industries Limited. Kane-Em obtained a default judgment against African Investment & Manufacturing Ghana Ltd (AIMG). In enforcing the judgment, the property of AIMG was allegedly attached. Despite this attachment, Kane-Em contends that AIMG, with the assistance of GCB Bank Limited (the 2nd Respondent in the lower court proceedings), entered into a purchase and sale agreement with AFC Industries to alienate the attached property. [2] Kane-Em filed a contempt motion against AIMG, GCB Bank, and a lawyer alleged to represent AIMG, asserting that their actions violated the court’s order and the attachment, which prohibited the alienation of the property. Kane-Em also sought a declaration that the sale was null an.....