The chief of Abee, Elmina, Nana Takyi Kesse V has been convicted to 21 days in prison in hard labour by the High Court, Cape Coast for contempt of court.
On February 15, 2022, the court, presided over by Justice KwasiBoakye convicted Nana Kesse V to a fine of GH¢600 for selling portions of a disputed family land.
The contempt application originated from a pending action in which the applicant, Ebusuapanyin Kwesi Essoun obtained an order of interlocutory injunction against one J. K Ansah, his agents, assigns, etc from alienating, selling and granting portions of the said land to third parties.
The applicant, in his motion on notice for contempt stated that the contemnor’s conduct was wilful and disrespectful to the orders of the court.
In his ruling, the judge observed that Nana Kesse V deserved custodial sentence because the convict took the leniency of the court for granted and went ahead to disobey the orders of the court.
“I take judicial notice that on February 15 2022, I convicted the same respondent herein for contempt of Court. The case title is The Republic vs Nana TakyiKesse and 1 Anor, Suit No. E12/14/2022. On that occasion, I was lenient with him such that I imposed a fine on him. Maybe that explains why he has the penchant and audacity to be disobeying Court orders, “JusticeBoakye said.
He said: “this time round I am of the respectful view that he must face the full rigors of the law so as to serve as deterrent to others with like mind. By his conduct, the Respondent has shown that he does not learn from his past records and does not fear anything. He has shown that he is incorrigible. “
“In fact, he has compelled me to give to Caesar what is Caesar’s in the circumstances.”
Justice Boakye said he had heard counsel of the convict’s appeal for mitigation of sentence and the status of the convict as a chief and that he (judge) is the least enthused about his conduct.
“Indeed, I have patiently heard his Counsel in his mitigation of sentence and considered the request adequately.
“Equally, I have taken into account the station of the Respondent as a chief. Honestly, I am in the least enthused about his conduct. I therefore sentence him to 21 days imprisonment in Hard Labour (IHL).”
In his affidavit in support of motion for contempt of court, the applicant said that in his capacity as head of family, he caused to be instituted an action against MrAnsah, the immediate past head of the family claiming certain reliefs.
It is his case that during the pendency of the action, it came to his notice that MrAnsah, Nana Kesse V, his agents, assigns and some of members of his family continue to dispose-off family lands by way of sale.
The applicant said he applied for and obtained an order interlocutory injunction against MrAnsah and others from granting portions of the land to third parties.
According to the applicant, despite the respondent’s knowledge of the pendency of the action together with the interlocutory order, he and Mr Ansah, recently sold portions of the family lands at Abee to third parties.
He said two months after the convict was convicted to a fine of GH¢600, the convict sold a quarter portion of the family land at Abee to another third party by name Mr Kuubaawaa Felix for GH¢4, 000 despite the pendency of the suit.
In his affidavit in opposition, the convict said that he was not a party to the action between the applicant and Mr Ansah.
He said that he is very much aware of the ruling by the High Court, Cape Coast granting an interlocutory injunction restraining both parties from alienating any portion of the disputed land.
The respondent contests that the exact land in dispute was not stated.
BY MALIK SULLEMANA
