High Court Judge Fingered (part 1)

By Our London Correspondent

It has never been in doubt that Ghana’s Judicial Service presided over by Her Ladyship Chief Justice Georgina Theodora Woods is rotten and smells of corruption.

It would be recalled that, the Ladyship Chief Justice in her recent desperate attempt to cleanse the image of the Judiciary, had to have some Judges and members of staff in employment of the Judicial Service dismissed, for their involvement in various acts of corruption, professional misconduct and financial malfeasance.

With the saying that pregnancy can’t be hidden, the rot that has engulf the Judiciary has now taken international dimension, rendering the image cleansing exercise embarked upon by Madam Georgina Wood useless. Proceedings of supposedly unprofessional conduct by a High Court Judge, Justice Alhaji Mustapha of Cape Coast in the Central Region of Ghana, as condemned by a court in the United Kingdom (UK), is reported here below, in order to enable the Ghanaian public make its own judgments, whether indeed, justice is being applied fairly in this country:

At the Royal Courts of Justice, Chancery Division - United Kingdom- a legal tussle over the estate of the late George Kwesi Amoakwa Hammond, a Ghanaian-born British Citizen, domiciled in the UK, took a twist here at the Royal Courts of Justice- Chancery Division; when an Order for Joiner purporting to have been issued by the High Court at Cape Coast tendered, as evidence at a UK High Court hearing, was rejected by the presiding Judge, Mrs. Justice Proudman.

The Order appears to have been obtained in an apparent attempt to influence the High Court proceedings here, in the UK. The legal battle over the estate of the deceased is between one Ms Faustina Akua Amponsah aka Nana Nufa Seii of Breman- Asikumah, in the Central Region of Ghana and Mr. Eric Hammond, the eldest son and personal representative of the deceased.

The Order for Joiner, which we have sighted, was granted by Mr. Justice Alhaji Mustapha, on the 10th February 2012, by an ex parte application made on behalf of Ms Amponsah, by Mr. Gustav Addington, of Addington Chambers at Cape Coast. It named Mr. Eric Hammond, the eldest son of the deceased as a co- defendant in an ongoing case, reference no. E12/12/2011 at Cape Coast and certified as true copy by the Registrar of the High Court at Cape Coast. The Order appears to be substantially defective and fraudulently obtained and faxed to the UK Court with intent to influence the outcome of the court hearing taking place here in London. Mr. Hammond, who was handed a copy of the Order at a hearing in London was taken aback and wondered why a High Court in Ghana could grant such an order, joining him to a civil suit by an ex parte application in absentia; and where he has no opportunity to oppose the application. At a hearing on the 24 January 2012, legal representatives for Ms Amponsah argued before the court that, at all material times, Mr. Hammond is a co- defendant in suit reference no E12/22/2011, pending at Cape Coast.

Counsel for Ms Amponsah was, however, not able to provide evidence in support of their claim, when the presiding judge asks them to do so. It, therefore, came as a surprise when the Order for Joiner was "served" on Mr. Hammond through his solicitors at the hearing on the 14 February 2012.

The fact of this matter is that, prior to the hearing on 14 February 2012, Ms Amponsah had on the 17 August 2011, in London, sought and obtained a freezing order injunction by an ex parte application against Mr. Hammond, restraining him from the administering the letters of administration granted by the probate office in London, in June 2011.

On 25 October 2011, Ms Amponsah's application and claim were heard by Mr. Justice Mann at the Royal courts of Justice-Chancery Division (a copy of the Order is attached below). Upon hearing arguments from counsels for both sides, the learned judge dismissed Ms Amponsah's claim; and made variation to the freezing injunction order, to permit Mr. Eric Hammond as personal representative of the deceased to collect rents and other incomes due to the estate, provided that, all such funds be paid into an estate account; permits Mr. Hammond to spend estate money on proper expenses of the estate, provided that, he supplies to Ms Amponsah at 6 monthly intervals, an account of all income and expenditure of the estate. The order permits Mr. Eric Hammond to make disposition of the estate property, with prior knowledge of Ms Amponsah. The UK Court awarded costs against Ms Amponsah, summarily assessed at £5,500 plus VAT plus £1,810 disbursements. These amounts are still outstanding as we write.

The begging question therefore is:

• On what basis did the High Court at Cape Coast grant the ex parte order for joiner? • And at what material time did the court in Ghana find it necessary to join Mr. Eric Hammond to the suit at Cape Coast, by an ex parte application? • Did the High Court at Cape Coast grant leave for the Order to be "served" on Eric in the UK? • What was the urgency in dragging Mr. Hammond into a case in which hitherto, he was not a party to? A case in which Mr. Justice Mustapha has been presiding over the past twelve months with no ending in sight. • We are yet to see the evidence that necessitated Gustav Addington to apply for the Order for Joiner by an ex parte application two days before the hearing here, in London. We do not want to sound callous in the reporting of this case at the High Court here in London, but in the name of justice, the pertinent question we ask is; why would a High Court Judge in Ghana grant an Order for Joiner by an ex parte application, and hurriedly produced same as evidence in a UK Court: Especially, at a time, when both Mr. Hammond and Ms Amponsah were in London attending the hearing of an interim application for a claim filed by Ms Amponsah, who was seeking permission to participate in the intestacy of the deceased?

In our opinion, it is without doubt that the Order was obtained after the Judge in the UK High Court has asked for evidence in support of the claim that Mr. Hammond is a co- defendant in the suit at Cape Coast; an evidence as it seems, which until that time, did not exist: And for that matter, compelled Gustav Addington to apply for the motion ex parte to rope Mr. Hammond into the case at Cape Coast court.

We find it highly irregular for a High Court in Ghana to grant such order for Joiner by an ex parte application in a civil suit of this nature. We are yet to find any compelling evidence that prompted the High Court at Cape Coast to grant the motion ex parte order in Mr. Hammond's absence. This course of action did not give Mr. Hammond the opportunity to oppose the application, should he wish to do so. To put it bluntly, the Order for Joiner, for whatever reason it was granted, was obtained through fraud and misrepresentation of facts, by Gustav Addington.

The intention was to throw dust into the eyes of the courts, with the sole aim of influencing the judicial processes both in the UK and Ghana. We are sure about this because, any possible line of argument put by Gustav Addington would have, certainly, been negated by the UK High Court Order of 25 October 2011, which Gustav is most likely to have dishonestly and fraudulently kept away from the court. (See Order of 25 October 2011 attached below). We ask: Is this an instance of an abuse of court process at the High Court at Cape Coast and as such a slap in the face of natural justice? Is this a fair way of dispensing justice in Ghana? Who decided on this course of action? The background to this whole saga is that Ms Faustina Akua Amponsah, on 17 August 2011, filed an application at the High Court in London and obtained a freezing injunction order against Mr. Eric Hammond, who is the personal representative and holder of letters of administration to his late father's estate. The freezing order restrains Mr. Hammond from disposing the estate of his late father. Ms Amponsah had claimed in her application to the court that, she was the wife of the deceased and that she got married to the deceased under the Ghanaian customary law. She says as the widow, she has superior right of claim to the estate of the late George Hammond. Her legal representatives had prayed the court to revoke the letters of administration granted to Mr. Eric Hammond, by the London probate office in June 2011. At a hearing on the 24 January 2012, Ms Amponsah's legal representatives had informed the court that Mr. Eric Hammond is a named party to an ongoing suit at Cape Coast in Ghana, which Ms Amponsah has separately brought against a brother and a sister of the deceased, John and Emma Hammond. The case is about a dispute over her claim as a wife and widow of the deceased.

The case is presently pending before Mr. Justice Alhaji Mustapha at Cape Coast. Counsel for Ms Amponsah argues before the court that, Mr. Hammond who holds the letters of administration to his late father's estate is likely to be affected by the outcome of the case at Cape Coast; and therefore, should be restrained from disposing of his father's assets.

In opposing the application, counsel for Mr. Hammond disputed Ms Amponsah's claim. The presiding Judge, Mrs. Justice Proudman, in adjourning the case to 14 February 2012, ordered that both parties, with due expedition, provide records of evidence in respect of their claims. At the hearing on the 14 February 2012, counsel for Mr. Hammond tendered in further evidence in support of his claim, to prove that his client is not a co-defendant in the ongoing suit at Cape Coast. The particulars of evidence revealed that, the suit pending at Cape Coast is mutually exclusive of the hearing before the London High Court and for that matter, the outcome would not be binding on Mr. Hammond. The legal representatives for Ms Amponsah, however, were not able to argue out their case, because, they were unable to supply further evidence in support of their claim that Mr. Hammond is a co-defendant in the ongoing case at Cape Coast.

However, during the course of the hearing, counsel for Ms Amponsah handed in an Order for Joiner, which had apparently been obtained by Motion ex parte application on the 10 February 2010, granted by Alhaji M. A Mustapha, a Justice of the High Court at Cape Coast.

The judge at the London hearing, Mrs. Justice Proudman refused to be swayed by the Order from the High Court at Cape Coast.

The learned judge after hearing arguments from both counsels rejected two affidavits, which Ms Amponsah's has provided as evidence in support of her claim, that she got married to the deceased under the Ghanaian customary law. The learned judge also ruled against Ms Amponsah's interim application, which among other things sought relief orders, in connection with the payment of cost orders. The bottom line is, Ms Amponsah's claim was once again denied, and she was asked to pay cost orders summarily assessed at circa £12,000, incurred from previous hearings by 4 pm, Monday 20 February 2012, failing that the freezing order injunction against Mr. Eric Hammond would be discharged and her claim struck out. Ms Amponsah as at the close of day, 20 February 2012, has not paid the cost orders as directed by Mrs. Justice Proudman but has instead, filed a further interim relief order application against the court ruling of 14 February 2012. The hearing of this application is on the 30 March 2012 @ 9:30AM at the Royal Courts of Justice -Chancery Division - Fetter Lane - London.

The Editors Note:

This rather very disturbing development points to the corrupt activities at the highest level in the justice system at Cape Coast.

We state, without reservation, that the process, by which this particular order for Joiner was obtained by a motion ex parte application, makes mockery of the judicial system in Ghana. It is worrying, indeed, when people who are suppose to be guardians of the judicial process conspire with the likes of Gustav Addington to put right, a wrong situation, with all the intents and purposes to falsely indicate a situation which previously does not exist. The sole aim of this gargantuan plot, we believe, is to influence and to interfere in the judicial processes both in Ghana and in the UK. In our opinion, the ultimate aim of this cross border scam is to adduce evidence of doubtful value, in a grand conspiracy to defraud the estate of the late George Hammond. Stay tuned for more juicy updates.