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THE REPUBLIC
V.
CHIEF YAKUBU IBRAHIM EX PARTE: HEAVEN AND EARTH ESTATE LTD.

(2018) JELR 107383 (HC)

High Court 12 Oct 2018 Ghana
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- This case involves an application for contempt of court based on an alleged violation of an order for interim injunction. - The applicant claims that the respondents have violated the order by building on the disputed land. - The first re

Case Details

Suit Number:CR/105/2018
Judges:GIFTY AGYEI ADDO
Counsel:NANA YAW NTRAKWAH (WITH HIM, BRIDGET ATTA-KONADU) FOR THE APPLICANT. AYMOND BAGNABU FOR THE 1ST RESPONDENT EDWARD DARLINGTON FOR THE 2ND RESPONDENT.

R U L I N G

The Respondents in this Contempt application are alleged to have disobeyed an order for interim injunction. This order has been exhibited before me as Exhibit “BAA 2”.

The order, the gravamen upon which the instant application has been mounted, was to subsist pending the determination of the interlocutory application before the Court.

It is being alleged by the Applicant that the order has been violated as in the Respondents building on the land in dispute. Pictures have been exhibited to me as Exhibit “BAA 3”, which are construction work being carried out on the land.

The question that is agitating my mind is that at whose instance is the development being undertaken? Is it indeed the Respondents before me who are building, or at whose instance the building is being constructed? Is the construction being undertaken in flagrant violation of the order?

It is the Applicant’s case that the 1st Respondent is responsible for the development and in the case of the 2nd R…

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