Court imposes GHc50,000 fine on company, Oko Nortei Omaboe for contempt of court

The High Court in Accra has sentenced Nowak Development Ltd and Oko Nortei Omaboe to a fine of GHc50,000 for contempt of court.

They would in default serve three weeks imprisonment.

This was after the court presided over by Justice Dr Bridget Kafui Anthonio-Apedzi held that their conduct concerning a land in dispute amounted to over reaching the orders of the court.

On December 12, 2023, Life Group of Companies Limited, the applicant, filed a contempt application against Nowak Ltd and Omaboe, and urged the court to commit them to prison for contempt of court.

The matter concerns a 0.97 acre of land, which Life Group of Companies Limited claims it obtained as a lease for 50 years from the Government of Ghana.

Prior to that, on May 7, 2020, the applicant issued a writ against Nowak and Lands Commission in the substantive suit.

This was for, inter alia, a declaration of title to land situate at Airport Commercial Centre, Accra, in the Greater Accra Region, (approximate area of 0.97 of an acre).

The alleged contemptuous act touched on the said parcel of land.

The reliefs sought by the applicant also included an order directed at the Lands Comn1ission to cancel and expunge from its records, all transactions related to the land, as between the Government of Ghana (GoG) and Nowak, and to restore the lease; recovery of vacant possession, and perpetual injunction restraining Nowak and Lands Commission.

Additionally, to filing the writ, the plaintiff filed an application for an interlocutory injunction to restrain Nowak from going onto or dealing with the land. The interlocutory application was served on Nowak.

 The Life Group of Companies says by a lease, dated  October 29,1981, it acquired the land from the Government of Ghana, for a term of 50 years commencing February 1, 1979.

The applicant says that, at all material times, it enjoyed quiet possession until it discovered the total encroachment by Nowak who used the land as a car park.

According to the applicant, despite knowledge of the writ and the pending injunction application, Nowak wrote to the Lands Commission on May 22, 2020 and sought consent to create a mortgage over the subject matter.

The applicant alleged that a farther contemptuous act occurred when Nowak went onto the subject matter and continued to use it as a car park,

In an affidavit in opposition, Nowak claimed to have had a lease from the Lands Commission.

The defendant claimed the agreement was for a term of 50 years, from June 2012 to  May 2063, in respect of the subject matter.

 Also, the purpose of the lease was for the use of the subject matter, exclusively, for a multi-storey car park.

Accordingly, the respondents submit that they have not willfully disobeyed any order of the court; they have not willfully committed any acts that bring the authority and administration of the law or the court into disrespect or disregard; and that they have not willfully committed any acts to interfere with or cause prejudice to the parties, litigants or their witnesses.

BY MALIK SULLEMANA

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