THE REPUBLIC vs. KEN RAY PORTER [2001]DLCA6618

Date	2001-01-22
Suit No.	H1/99/07
Citation No.	[2001]DLCA6618

APALOO JA (PRESIDING)

YAW APPAU JA

ACQUAYE JA

MR FRIMPONG BOADU FOR THE RESPONDENTS

MR WILLIE AMARFIO FOR THE APPELLANT

[2001]DLCA6618
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>KEN RAY
PORTER<o:p></o:p>(RESPONDENT/APPELLANT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">H1/99/07
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 22ND
JANUARY 2001<o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">MR WILLIE AMARFIO FOR THE
APPELLANT <o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
115%;mso-outline-level:1;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
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APPAU JA AND ACQUAYE JA<o:p></o:p>

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</div>APALOO
JA<o:p></o:p>The
facts in this appeal are not in dispute and are equally simple. The applicants
William and Alice Kwakye as husband and wife granted a tenancy of property to a
foreign investor company by the name Global Investment Group per an agreement
dated 3rd May 2003. <o:p></o:p>The
tenants, it is alleged paid their rents to the Respondents/Applicants
religiously until upon the advice of the Lands Commission, Global Investment
Group stopped further payments. The Respondents/Applicants herein as Plaintiffs
sued their tenant namely Global Investment Group for arrears of rent mesne
profits etc. in the Circuit Court. The Defendant Company filed its defence and
counter claim, challenging the title of the Plaintiff that they were not the
owners of the land on which the uncompleted building they had rented out to
them stood. <o:p></o:p>In
the course of the trial the Circuit Court made an order upon the application of
the plaintiffs that the Defendant/Company should pay the accrued rents into
court pendente lite. The order was dated 8/6/06 and an appeal was lodged in
respect of that order on 16/06/2006. When the order for the payment of the
accrued rent was not complied with by the Defendant/company, the
Plaintiffs/Land Lords commenced contempt proceedings in the High Court for the
attachment of Ken Ray Porter the appellant herein who is the Chief Executive of
the Defendant/Company. On 25/07/2006 Abada J sitting in the High Court Accra
had no difficulty in finding the appellant guilty of contempt but in his wisdom
admitted the appellant to bail and adjourned the matter to a future date. On the
adjourned date on 27/07/2006 this is what is contained in the Court notes of
Abada J. <o:p></o:p>"Upon
the committal of the Respondent, I granted him bail on his promise that he
would pay the money by today. He has defaulted on his undertaking which formed
the basis for my decision to grant him bail. The Respondent is to be
accordingly imprisoned for 2 months until he earlier settle his indebtedness as
ordered by the trial court". <o:p></o:p>Again
on 28/07/2006, Abada J. made another order extending bail to 15/08/2006. In his
own words the High Court Judge said. <o:p></o:p>"Upon
further representation made on behalf of the Defendant contemnor applicant and
upon hearing Counsel for the Plaintiff applicant let the bail granted to the
defendant be extended to 15/08/2006 at which date the judgement debt should
have been paid or a substantial portion thereof should have been paid. Failure
to do so the Respondent is to serve the term of 2 months imprisonment imposed
on him forthwith. He is accordingly being discharged from prison." <o:p></o:p>It
is on record that on 5th September, 2006 Mrs. Owusu Arhin sitting in the High
Court Accra as Vacation Judge refused to set aside the committal proceedings
when an application for that purpose was brought before her. However when a
similar application was brought before Abada J. subsequently on 18th October
2006, Mr. Justice Abada did not hesitate in <o:p></o:p>"ordering
suspension of the said committal order pending the hearing and determination of
the appeal lodged against both courts’ decision and that of the trial Circuit
Court." <o:p></o:p>The
notice of Appeal filed on 7/07/2006 referred to the two rulings of the High
Court presided over by Abada J on 28/09/2006. The notice had two grounds of
appeal expressed as follows. <o:p></o:p>1.
“The alleged contemnor of the Circuit Court order of 8th June 2006, being
Global Investments Company Ltd, a limited liability company, the High Court
erred in entertaining the contempt proceedings against one of its directors
personally. <o:p></o:p>