<<Print>>

THE KPONE Traditional Council (KTC) has filed a Motion on Notice for an order for committal for contempt of court against the Ghana Armed Forces and the Attorney-General at the Tema High Court 'B'. The Motion, filed on February 3, 2010, has the KTC; Nii Joseph Kwaku Teye III, Gbetsile Mantse, and Nii Tetteh II, Kpone Mantse, as the applicants. The respondents are Lt-Col Bibio Owusu, the Chief of Defence Staff, the Attorney-General and nine other military personnel. An affidavit dated February 2, and signed by Nii Teye in support of the Motion, stated that even though the court perpetually restrained the respondents from entering and dealing in any manner with a piece of land belonging to the applicants, the respondents acted contrary to the orders of the court. The affidavit in support of the contempt motion further averred that the acts of the respondents were willful and calculated to undermine the administration of justice. It stated that the defendants had "specifically demonstrated that this court has no authority over them and that they will not obey its order and judgment". "Unless this Honourable Court commits the respondents to prison, the wrong signal will be sent to members of the general public that our courts have no power whatsoever over certain persons", the affidavit added. The applicants indicated that the contempt action was necessitated as "respondents armed with guns have been entering the land on a daily basis and have been persistently destroying buildings being put up by us and our grantees". It added that the military officers, who were always fully armed, forcibly seized their building materials which were carried to the Michel Camp. The applicants added that respondents intensified their actions after the issuance of several warnings to them to stop violating the court's judgment and order. In 2008, the Council sued the military for unlawfully claiming ownership of the 2,900-feet land at Gbetsile, bounded on the east by the Michel Camp land and on the south by the Tema stool lands. Pronouncing judgment on the ownership of the land case on October 6, 2008, Justice Nana Gyamera Tawiah stated: "I think the application for judgment on admission is in order, and it is accordingly granted". At the court's sitting today, the presiding judge, Justice Anim-Yeboah, adjourned the movement of the Motion to March 4, upon an agreement between counsel of the applicants and respondents, Prosper Nyahe and Captain Ernest Awuah Ameyaw, respectively.