AGYENIM BOATENG & 27TH ORS vs. S. K. BOATENG [2009]DLSC6135

Date	2009-03-04
Suit No.	CIVIL MOTION NO. J8/8/2009
Citation No.	[2009]DLSC6135

WOOD (MRS) C J (PRESIDING)

BROBBEY J.S.C

DOTSE J.S.C

ANIN YEBOAH J.S.C

BAFFOE-BONNIE J.S.C

AUGUSTUS ANANE-QUEBAH FOR THE APPLICANTS

THADDEUS SORY FOR THE 2ND RESPONDENT

[2009]DLSC6135
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													<main id="main" class="content" style="min-height: 60rem" >AGYENIM BOATENG &amp; 27TH ORS&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>[PLAINTIFFS/RESPONDENTS
/APPELLANTS/APPLICANTS]<o:p></o:p>vs.<o:p></o:p>S. K. BOATENG<o:p></o:p>[DEFENDANT/APPELLANT
/RESPONDENT/RESPONDENT]<o:p></o:p>[SUPREME
COURT, ACCRA]<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">

CIVIL
MOTION NO. J8/8/2009&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: 4TH MARCH, 2009.<o:p></o:p>

THADDEUS
SORY FOR THE 2ND RESPONDENT<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;border:none;
mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">RULING<o:p></o:p>

</div>DOTSE,
(JSC) <o:p></o:p>By their application
before this Honourable Court, the Applicants herein, numbering about 28 and
acting per Agyenim-Boateng are seeking an order to commit the 1st Respondent,
S. K. Boateng and the 2nd Respondent Evelyn Akuffo Oduro (Mrs) 2nd Respondent for
contempt of court and further order the 1st Respondent or both Respondents to
pay the sum of GH¢392,062.90 into National Investment Bank, at Kumasi Central
Branch or into court, pending the final hearing and determination of the
substantive appeal by this court. <o:p></o:p>From the affidavit and
statement of case filed by the Applicants, it is clear that there has been a
long drawn legal tussle between the Applicants herein, therein
Plaintiffs/Respondents/Appellants and the 1st Respondent herein, therein
Defendant/Appellants/Respondent. <o:p></o:p>The 2nd Respondent herein
had been attached to the present contempt application because of her position
as the Manageress in charge of the National Investment Bank, Kumasi Central who
is alleged to have flouted or wilfully disobeyed the order of this Honourable
court. <o:p></o:p>FACTS
LEADING TO THE APPLICATION <o:p></o:p>According to the
Applicants, they are registered members of a company limited by guarantee
called the Kejetia Traders Association, also known as Mighty 18.&nbsp; The 1st Respondent is the Chairman of the
Association. <o:p></o:p>Sometime in 1993, the
Kumasi Metropolitan Assembly (KMA) ordered the members of the Association, who
were legitimately carrying on their business in Kejetia to quit their place of
business as the Government of Ghana wanted to redesign and develop the area. <o:p></o:p>Consequently, the
Association in collaboration with the KMA managed to secure a commercial
property belonging to the State Housing Corporation at North Suntreso, Kumasi,
for the construction of stores.&nbsp; It was
agreed that the construction would be pre-financed by members of the
Association who were interested in acquiring the stores by paying the sum of
Two Million One Hundred Thousand cedis each at the time. <o:p></o:p>For one reason or the
other, the KMA was unable to meet its part of the bargain to allocate the stores
to the members of the Association which resulted in the successful institution
of a suit against the KMA. The KMA was compelled by an order of specific
performance to allocate the stores to the paid up members of the Association
whose names were contained in a list prepared by the 1st Respondent, then the
Plaintiff in that matter. <o:p></o:p>Some members of the
Association who had taken possession of some of the stores but it was alleged
had not contributed towards its construction were ejected by the orders of the
court.&nbsp; Feeling aggrieved by this
decision, the Applicants herein instituted another suit in the High Court
Kumasi against the Chairman of the Association.&nbsp;
They were successful in that attempt but it was overturned on Appeal in
the Court of Appeal. <o:p></o:p>The Applicants armed with
their victory in the High Court had in the mean time taken possession and
occupation of twenty-eight of the forty four stores whilst the matter was on
Appeal. <o:p></o:p>Not long afterwards, the
Government of Ghana compulsorily acquired the property on which the block of
stores was situate to allow for the construction of the Sunyani-Kumasi road.<o:p></o:p>The Association was duly
compensated for the acquisition in the sum of GH¢392,062.90, which cheque was
drawn up in the name of the Association and by an order of the High Court
deposited at the Kumasi Central Branch of the National Investment Bank, pending
the outcome of the Appeal. <o:p></o:p>On the 22nd of May 2008,
the Court of Appeal gave judgment in favour of the 1st Respondent herein who
then proceeded to go into execution by filing an entry of Judgment. <o:p></o:p>In response to this, the
Applicants filed a motion for interim injunction on the 28th day of May 2008 to
restrain the National Investment Bank from paying out the money to the
Respondent.&nbsp; The 1st Respondent filed a
further motion to set aside the Applicant’s motion for interim injunction as
“being procedurally incompetent, unwarranted, intended to stultify execution
processes…” He also asked for a further order for leave to go into execution. <o:p></o:p>On the 4th day of June 2008,
the High Court in Kumasi heard the motion and granted the 1st Respondent’s
application for leave to go into execution. <o:p></o:p>From</main>