Contempt case against Ikam

Accra Nov. 20, GNA - The National Investment Bank (NIB) has filed a motion of notice for an order to commit Mr Steven Marfo, Chief Executive Officer, Ikam Company Limited, a security printing firm and two others for contempt. Also joined in the suit are Mr Marfo's solicitor, Mr Robert Yartey and Mr Ken Asare, General Manager in-charge of Operations, Ikam Company Limited. On April 25 this year, the court, presided over by Mr. Justice Baffoe Bonnie entered judgement for NIB and ordered it to recover a principal debt of about 32 billion cedis, an interest of 3.2 billion cedis and cost of two billion cedis in a case against Ikam and five others. The bank therefore attached the property of Ikam to defray the cost but it objected to the sale of all its property, saying the estimated property attached was more than monies to be recovered hence there was no need to attach all its property. When the motion on notice for an order for contempt was mentioned, Mr Yartey was indisposed and there was no proof of service. Mr Frederick Asamoah drew the court's attention of the fact that, Mr Yartey had been served. Meanwhile, Mr Marfo and Mr Asare, the contemptnors, were not in court when the case was mentioned. In an affidavit in support, Mr Frederick Asamoah counsel for NIB said on October 29, this year, the Registrar of the Fast Track High Court gave permission for the execution of writ of "fifa" against Mr Marfo. Mr Asamaoh said bailiffs of the court went to the premises of Ikam and caused the factory to be "sealed." He said on October 30, this year, NIB filed a motion of notice for injunction against the reopening of the defendant's premises until its plants and machinery were sold. "The defendant's solicitors were served with the said motion." He said the auctioneer had also advertised for the sale of Ikam plants and machinery on November 2, this year. In the affidavit, Mr Asamoah said he was informed by the security at post that on November 3, the respondents forcibly evicted the guards and broke the court seal on the factory doors. A search conducted at the Registry of the court and attached exhibits from the NIB showed that neither the court nor the Registrar had given instruction for the re-opening of the defendants' premises. Mr Asamoah said his search revealed that it was Mr Asare who had given the workers authority to work. "I also met and confronted M Marfo on the re-opening of the factory contrary to the court to an order," he stated. Mr Asamaoh said Mr Marfo's counsel, who is Mr Yartey "permitted, authorised, advised or otherwise encouraged and consented to the breaking of the seal and the forcibly entry." He was of the view that the respondents had intentionally disobeyed the orders of the court and they should be committed for contempt. 20 Nov. 07