THE REPUBLIC vs. MIDLANDS SAVINGS AND LOANS LTD AND OTHERS EX PARTE DAVID KWADWO ANIM [2018]DLHC3497

THE REPUBLIC vs. MIDLANDS SAVINGS AND LOANS LTD AND OTHERS EX PARTE DAVID KWADWO... [2018]DLHC3497

Date	2018-03-05
Suit No.	SUIT NO.CR/450/17
Citation No.	[2018]DLHC3497

HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT

[2018]DLHC3497
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													<main id="main" class="content" style="min-height: 60rem" ><a name="OLE_LINK1">THE
REPUBLIC<o:p></o:p></a>vs.<o:p></o:p>MIDLANDS SAVINGS AND LOANS LTD AND OTHERS<o:p></o:p>EX PARTE DAVID KWADWO ANIM<o:p></o:p>&nbsp;[HIGH COURT (COMMERCIAL
DIVISION), 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">

SUIT
NO.CR/450/17&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 5TH MARCH, 2018<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE
OF THE HIGH COURT<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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RULING<o:p></o:p>

</div>&nbsp;“if the orders of the court can deliberately
be set at naught by a litigant employing for her own personal advantage such
means as were here resorted to and if indeed it be the case that she has to go
unpunished for her contumacy, justice vanishes from the horizon and the law is
brought into disrepute… in the memorable word of his honour Judge Curtis
–Raleigh:” the law should not be seen to sit by limply while those who defy it
go free and those who seek its protection lose hope”.<o:p></o:p>Per Atuguba JSC in IN RE KWABENG STOOL, REPUBLIC v BROWN; EX
PARTE KARIKARI [2005-2006] SCGLR 35@41 and relying on the English authority
of JENNISON v BAKER [1972] 1ALR 997
@1005-1006 CA.<o:p></o:p><o:p>&nbsp;</o:p>Before
me are two separate committal proceedings mounted under Order 50 of the High
Court (Civil Procedure) Rules, C.I. 47. In the first of the two applications
filed on the 19th of June, 2017 by David Kwadwo Anim he cites the
Respondents – Midlands Savings and Loans Ltd, William Adjovu, Michael Adjovu
and Roger Adjovu for acting in a manner that is contemptuous of the court.
Whiles in the second application filed by Midland Savings and Loans Ltd against
David Kwadwo Anim, the company has cited David Kwadwo Anim for contempt of
court. <o:p></o:p><o:p>&nbsp;</o:p>The
court in its wisdom consolidated the two committal proceedings &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; as they arise from common questions of
law and fact. What has given rise to the two applications can be said to be a
writ issued by Midlands Savings and Loans Ltd (hereinafter called Midlands) as Plaintiff
on the 25th of October, 2013 against David Anim as Defendant claiming
the following reliefs: recovery of possession, mesne profit at the rate of Gh¢20,000 per month from 28th
October, 2013 until possession is delivered up, damages for breach of contract
and legal cost. <o:p></o:p><o:p>&nbsp;</o:p>David
Anim on the other hand counter claimed for declaration that an assignment of
the &nbsp;property made by the 2nd
Defendant (Le Baron Hotel) in favour of 1st Defendant was for a
limited purpose of satisfying the terms of the financial arrangement entered
into between the parties in July, 2012, an order to Midlands to execute an MOU
stating specifically the terms of the financial arrangement between the
parties, an order directed at Midlands and 1st and 2nd Defendants
(Le Baron Hotel) to the counter claim to render accounts to the Defendants of
the period they took charge of Defendant’s business, special damages arising
from breach of contract and Cost. <o:p></o:p><o:p>&nbsp;</o:p>According
to Midlands, per an assignment in July, 2012 David Anim assigned all his
interest in the property used to operate Le Baron Hotel Ltd to Midlands and as
part of the arrangements it was the understanding between them that David Anim
was to take steps to relocate the business of the hotel to another premises.
With the failure of David Anim to abide by the terms, Midlands issued a writ
for the reliefs supra.<o:p></o:p><o:p>&nbsp;</o:p>Whilst
the matter has not finally been determined it is clear that on the 24th
of March, 2016, Eric Baah J. in a ruling gave the following orders:<o:p></o:p>a.The Respondents [David Anim and Le Baron
Hotel] are ordered to vacate the subject matter by 30th of April,
2016 and deliver up possession to the Applicant.<o:p></o:p>b.The Applicant [Midlands] and the
Respondents shall take an inventory of all things that have been damaged or
suffered deterioration and which the Applicant needs to replace or renovate to
make the place usable.<o:p></o:p>c.Both parties shall commission a joint
valuer to value the works that ought to be effected on the property. Should
there be disagreement, the Registrar shall make the appointment…<o:p></o:p>d.The Applicant shall then effect the
necessary repairs and renovation and file the details of work and cost thereof
with the court. This must be done withi</main>