GBADAMOSI vs. MOHAMMADU [1988]DLHC2241

Date	1988-03-18
Suit No.
Citation No.	[1988]DLHC2241

BENIN J.

M. MUMUMI FOR THE PLAINTIFF-JUDGMENT-CREDITOR APPLICANT.

A. A. LUGUTERAH FOR THE DEFENDANT-JUDGMENT-DEBTOR RESPONDENT.

[1988]DLHC2241
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													<main id="main" class="content" style="min-height: 60rem" >GBADAMOSI<o:p></o:p>vs.<o:p></o:p>MOHAMMADU<o:p></o:p>[HIGH
COURT, TAMALE]<o:p></o:p>[1991] 1
GLR 283<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Date: 18 MARCH 1988<o:p></o:p>

</div>COUNSEL:<o:p></o:p>M. MUMUMI
FOR THE PLAINTIFF-JUDGMENT-CREDITOR APPLICANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

A. A.
LUGUTERAH FOR THE DEFENDANT-JUDGMENT-DEBTOR RESPONDENT. <o:p></o:p>

</div>JUDGMENT
OF BENIN J.<o:p></o:p>In this
case judgment was entered for the plaintiff-applicant to recover a house No.5A,
Gambaga, from the defendant-respondent. The parties henceforth will be called
the plaintiff and the defendant respectively. This court granted the
plaintiff’s application for leave to go into execution. An application for a
stay of execution put in by the defendant was refused first by this court and
again by the Court of Appeal. In all these instances costs were awarded in
favour of the plaintiff against the defendant but he has failed to pay anything
out of the costs awarded.<o:p></o:p>After the
Court of Appeal decision the plaintiff applied for and was granted permission
to go into execution. The necessary court processes were set in motion and on 6
February 1988 a court bailiff, who was entrusted by the deputy sheriff to carry
out the execution as ordered by this court, went to Gambaga in the company of
some police officers to carry out the execution. What ensued is what I am here
to determine in this application for contempt brought by the plaintiff against
the defendant. The long and short of the events culminating in this application
is contained in an affidavit of non-execution deposed to by the bailiff
involved, namely Alfred Akugbila Asolemana, bailiff grade I attached to the Nalerigu
District Court, Grade II. According to the affidavit he could not effect
execution because of the following reasons:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Execution
was attempted in the presence of both parties and Inspector Anthony Gyau of the
police, Gambaga and four other policemen. The defendant-judgment-debtor told me
that he was not prepared to leave the house (nor) any tenant unless the sum of
¢1,800 which he paid for the house is paid back to him with interest, and that
unless he is killed he will not quit the house, and tension was rising so I
could not execute this writ.”<o:p></o:p>In the
main the plaintiff grounded his application on the alleged resistance by the
defendant which prevented the court official from carrying out the execution.
Secondly, the plaintiff complained that the defendant has “failed, refused or
neglected to pay all the costs awarded against him.” As a result the plaintiff
concluded that the conduct of the respondent is in complete disobedience of the
High Court judgment and is calculated to bring the administration of justice
and the high honour and authority of this honourable court into disrepute and
ridicule.<o:p></o:p>The
defendant resisted the application and deposed to the following relevant facts
in an affidavit in opposition:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“(6) I
say I do not know the date, but I do remember that one Saturday before mid-day
one man from the Nalerigu court came along with five policemen, the applicant
and two other men to house No. 5A, Gambaga. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(7) That
when they came to house No. 5A the man from the Nalerigu court and one policeman
traced me to a different house and said the police inspector wanted to see me,
that he was waiting for me at house No. 5A, Gambaga. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(8) That
when I followed up to house No. 5A, Gambaga I met the applicant, the inspector
and others there but they did not tell me anything; but it was the man from the
Nalerigu court who told me that they had received some papers from the Tamale
court to come and collect the house No. 5A and give it to the applicant and
then asked me ‘Do you have anything to say to that and what is it?’ <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(9) That
to the question posed by the man from the Nalerigu court I told the Nalerigu
court man I had nothing to say except that I would beg them to give me some
time to pack my things. It was a Saturday, their visit was a surprise and
besides, I had lived in that house since 1972 and had so many things that could
not all be packed out of the house the same day. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(10) That
after I had pleaded for time the Nalerigu court man who was holding the papers
from Tamale told me that he w</main>