The Accra High Court (Land Division), under the leadership of Her Ladyship Dr. Bridget Kafui Anthonio-Apedzi, has recently ruled that Nowak Developments Limited and Oko Nortei Omabo (respondents) are guilty of contempt of court.
The respondents have been jointly and severally sentenced to a fine of GHS 50,000.0, with a default option of 3 weeks imprisonment, as per the ruling dated 27th March 2024.
The case stems from an application for contempt filed by Life Group Of Companies Ltd (Applicant) on 12th December 2023. The Applicant, who is the Plaintiff in the substantive suit, sought the committal of Nowak Developments Limited and Oko Nortei Ornaboe, the 1st and 2nd Respondents, respectively.
A statement from Her Ladyship Dr. Bridget Kafui Anthonio-Apedzi said;
“I sentence the Respondents jointly and severally, to a fine for GHS 50,000.0 or in default 3 weeks imprisonment. In evaluating the elements of sentencing, I have considered mitigating and aggravating factors. The fact that the Respondents operate an ongoing business is mitigating. However, their Consent dealings is aggravating; given the manner they strayed and “crossed the line” onto the turf of contempt,” the ruling said.
“Accordingly, I considered whether the said consent should be said aside – it was granted during the pendency of the matter and its subsistence creates prejudice to the determination of the matter. During submissions, it turned out that the Respondents are using the said Consent, to register Notice, to the world under ACT 1052 — this is in bad faith. They benefited from the court’s fairness only to turn around and undermine the court’s justice. This must be halted, pending further orders Of the court. Therefore, in reliance of the court’s inherent jurisdiction and to do equity, I hereby set the consent granted by the Lands Commission and suspend its effect, until the final determination of the matter. Otherwise, there will be no meaningful consequence for the contempt holding since I have not restrained the Respondents from using the car park, as a business.”
This legal action was initiated, among other reasons, to assert ownership of a piece of land located at Airport Commercial Centre in Accra, within the Greater Accra Region.
The specific area in question is described as Plot IA, covering approximately 0.97 acres.
The alleged act of contempt pertained to activities involving Plot IA. The relief sought included an order for the Lands Commission to invalidate all transactions related to Plot IA between the Government of Ghana (GOG) and the 1st Respondent, and to reinstate the lease.
Additionally, the plaintiff sought to regain possession of Plot IA and obtain a permanent injunction preventing the 1st Respondent and 2nd Defendant from engaging in any transactions involving the plot.
In conjunction with filing the lawsuit, the Plaintiff also requested an interim injunction to prevent the 1st Defendant from accessing Plot IA. This interim application was formally served on the 1st Respondent.
Interestingly, the 2nd Respondent is purportedly the sole director of the 1st Respondent Company.
