Three persons, including a 74-year-old bodyguard of President Nana Akufo-Addo, Captain Edmund Kojo Koda, are to appear before an Accra High Court to answer a contempt application against them in relation to a disputed land located at Trasacco in Accra.
Captain Koda, Eugene Sowah Odamtey and Hares Muda, are expected to appear before the court on Thursday, August 15, 2024, following an application for contempt filed by Nii Afutu Kotey Gbomosane II, before the court.
The applicant in an affidavit in support of the contempt application said on January 1, 2024, the first respondent, Odamtey, applied for leave to issue a writ of possession to recover the disputed land, following an execution of the judgement of the court.
According to the applicant, the judgement of the High Court had been affirmed by the Supreme Court.
The applicant said Odamtey on June 26, 2024, filed an affidavit in opposition to his application for leave to issue writ of possession.
The court granted Odamtey’s application for leave to issue a writ of possession.
“That being aggrieved by the ruling of the honourable court, I caused to be filled a Notice of Appeal seeking to set aside the ruling of the court. On the back of the appeal, I proceeded to file an application for stay of execution on July 12, 2024, and had same served on the first respondent (Odamtey) through his counsel,” applicant said.
The applicant said even before the issuance of Writ of Possession, Odamtey aided by Captain Koda and Muda had gone onto the disputed land to allegedly take possession of the disputed land, which had issues with boundary demarcation and proper judgement plan.
According to the applicant, despite the service of the application for stay of execution on Odamtey and pending the application for stay of execution having been brought to their notice, “they are still on the disputed land forcibly trying to take possession of the land.”
The applicant said he was advised by counsel that the conduct of the respondents was “unacceptable and improper” and same was a “complete disregard of the sanctity of the judicial process… and unlawful interference with the administration of justice and same undermine the authority of the court.”
The applicant also held that the conduct of the respondents “is not only bad in faith but one that makes mockery of and usurps the judicial power of the court granted under the 1992 Constitution of Ghana.”
Additionally, the applicant held that the respondents’ wrongful conduct was tantamount to contempt of court and warranted the imposition of appropriate punitive sanction to serve as a deterrent to others who may dare to tread the same path as the respondents.
Meanwhile, six persons, including Eugene Sowah Odamtey, have filed a notice of interlocutory appeal against Ebenezer Niikoi Kotey, Numo Kotey Frontier (substituted by Nii Afutu Kotey) and the Lands Commission at the Court of Appeal.
The appellants, being dissatisfied with the ruling of the Land Court 8, ruling dated July 10, 2024, filed the appeal.
According to the appellants, the trial judge erred in his ruling when it granted the application for leave to issue a writ of possession for recovery of possession of the disputed land thereby occasioning a miscarriage of justice.
According to the appellants, the grant of the respondents’ application for leave to issue a writ of Possession in the absence of Forms 18C and 18 D accompanying the application, “is per in curium of the Supreme Court Judgement titled Jeleel Company Ghana Limited versus Zion Energy Limited and Trasacco Furniture Limited, Civil Motion Number J8/61/2022 delivered on March 2, 2022.”
The appellants are at the Court of Appeal on the grounds that “the grant of the respondent’s application for leave to issue a writ of Possession notwithstanding that the boundary of the disputed land had not been demarcated and the respondent had no judgement plan as well.
Mr Benjamin Danso, the General Manager of Top Kings and Special Aide to the Nungua Stool, told journalists in an interview that the company would continue to use every legal means possible to secure their land.
He accused certain individuals of using influence peddling and the names of top government and public officials to illegally possess land belonging to others.
Some security officers, he said, were aiding such illegalities, unfortunately.
Mr Danso, said such actions were leading to violent conflicts and undermining the rule of law.
He, therefore, urged people in land litigation to pursue justice at the law courts where fairness and evidential truth would prevail to prevent the violence and the loss of lives.
