THE REPUBLIC vs. HIGH COURT (CRIMINAL DIVISION 4), ACCRA EX PARTE: KWASI OSEI OFORI AND MISYL ENERGY COMPANY LIMITED

David Aseye Tay was convicted by the High Court on money laundering charges and a restitution order was made in favor of Misyl Energy Company Limited for House No. 64, Patrice Lumumba Road, Accra. Kwasi Osei Ofori, the Applicant, had procured a sublease for the same property from Sabina Amoh prior to the restitution order and was unaware of any criminal investigation involving the property. The Applicant filed a Notice of Claim asserting ownership. The Interested Party filed contempt proceedings against the Applicant for disobeying the restitution and injunction orders. The Applicant appealed and sought supervisory intervention from the Supreme Court to prohibit the High Court from proceeding with contempt and possession recovery applications, alleging bias and lack of jurisdiction due to pending appeals.

RULING ASIEDU JSC: [1]. My lords, on the 15th May 2023, David Aseye Tay was convicted and sentenced by the High Court on various charges, including the offence of Money Laundering contrary to section 1(1) of the Anti-Money Laundering Act, 2014, Act 874. As part of the consequential orders, the High Court made a restitution order in respect of House No. 64, Patrice Lumumba Road, Airport Residential Area, Accra, in favour of the Interested Party herein, Misyl Energy Company Limited, as evidenced by exhibit K2. Meanwhile, the Applicant herein, Kwasi Osei Ofori, had, on the 30th day of January 2023, procured a sub-lease in respect of this same house from one Sabina Amoh as shown by exhibit K which has been exhibited to the supporting affidavit to the instant application. Indeed, exhibit K1, which is a Search Report also exhibited to the affidavit in support, also shows that the said Sabina Amoh had, on the 12th day of September 2019, taken an assignment of the said property from Babbel...