THE REPUBLIC vs. HIGH COURT (LAND DIVISION 4), ACCRA , EX PARTE: MASUD IBRAHIM , GOLDEN EXOTICS LIMITED AND 2 ORS

The applicant, Masud Ibrahim, and others were involved in a land dispute pending before the High Court, Land Division 4, Accra. A contempt application was filed against certain persons allegedly interfering with the land by unauthorized sand winning. The applicant was not properly served or named in the contempt application but was arrested on a bench warrant issued by the trial judge. Subsequently, the applicant was convicted summarily for contempt of court and sentenced to imprisonment without being given a fair hearing or opportunity to respond to the charges. The applicant filed for recusal of the trial judge, which was dismissed, and the contempt ruling was delivered. The applicant then sought supervisory jurisdiction of the Supreme Court to quash the contempt proceedings and seek prohibition against the trial judge due to alleged bias and procedural irregularities.

RULING ADJEI-FRIMPONG, JSC: This application is a progeny of land suit No. LD/0165/2023, intituled GOLDEN EXOTICS LIMITED VRS NAA KORDEI II a.k.a. OPHELIA ASHAMI SAI AND OTHERS pending in the High Court, Land Division, Accra (the Trial Court). Following an allegation that certain persons, including the Applicant and the 3rd Interested Party, aware of the pending suit, were on the land using heavy equipment and armed guards to win sand, a contempt application was mounted in the trial court. The 1st Interested Party filed the said application. Events subsequent to the filing of the contempt application, have resulted in this application invoking this Court’s supervisory jurisdiction. According to the applicant, he was never served with the contempt application. In fact, he was not specifically named in the application. He appeared to have been described in the title of the application as “Director of Operations of Commanex Investment Ltd”. This designation was listed a...