THE REPUBLIC vs. CHARLES KWESI GRAHAM EX-PARTE: AYITEY KOKU DOVI [2023]DLHC16793

Date	2023-07-31
Suit No.	SUIT NO. E1/OHC/180/2023
Citation No.	[2023]DLHC16793

HER LADYSHIP JUSTICE DOREEN GENEVIEVE BOAKYE-AGYEI (MRS.)

MR. NOAH AMEDOME GAIKPAH ESQ

MR. S. K. AMOAH ESQ

[2023]DLHC16793
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THE REPUBLIC<o:p></o:p>

(RESPONDENT)<o:p></o:p>

(APPLICANT)<o:p></o:p>

[HIGH
COURT, KASOA-OFAAKOR]<o:p></o:p>

&nbsp;

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COUNSEL&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>

MR. NOAH AMEDOME GAIKPAH
ESQ. FOR APPLICANT <o:p></o:p>

MR. S. K. AMOAH ESQ. FOR
RESPONDENT<o:p></o:p>

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CORAM<o:p></o:p>

HER LADYSHIP JUSTICE DOREEN
GENEVIEVE BOAKYE-AGYEI (MRS.) <o:p></o:p>

JUDGMENT<o:p></o:p>

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Before the Court is a
Motion by Applicant to Commit for Contempt of Court the Respondent. In this case, an Interim Order was granted
against Respondent restraining him together
with his assigns
and agents from developing, entering
upon, dealing with, alienating
or interfering with the land
in dispute for a limited period of 10 days on 21st June, 2023. Applicant attached
exhibits showing the date on which the interim order of this Court and an
Application on Notice for Interlocutory injunction was also served on
Respondent, through his Lawyer (also through the Lawyer’s secretary). Applicant
also attached a Statement of Case in support which upon an objection from
Respondent’s Counsel being overruled, same stayed as part of the record.<o:p></o:p>

Applicant also attached
photographs with works carried on by the Respondent after the service of the Court processes. The said
contumacious behavior or works carried out were particularized in paragraphs 23 and 24 of the affidavit in support. The search
conducted indicates that the processes were served on the Secretary of the
Lawyer who had entered
appearance. It is the case of Applicant
that Respondent aware of the pending application as the Lawyer
entered appearance for him with proof of service therefore, Respondent cannot pretend that he is not aware of the Orders of the Court and the processes filed.<o:p></o:p>

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