Ten members of Islamic Mission cited for contempt of court

Kumasi(Ashanti), 14th June 99 -

The Ghana Muslim Mission (GMM) has filed a writ for contempt against Sheikh Adam Mohammed Appeadu, founder and leader of the Islamic Mission and nine others at a Kumasi High Court.

The GMM in a statement prayed the court to commit the respondents for disobedience and breach of the orders of a Kumasi Circuit Court dated May 31, 1995 and the Court of

Appeal dated February 12, last year.

Other reliefs sought by the GMM are that the respondents broke into House Number 17 and 29, Block two at Ampabame, Kumasi, which is in dispute, took possession and occupied it after bailiffs of a Kumasi Circuit Court had duly gone to execute the court's order on May seven, this year.

The writ said the respondents have by their action and conduct not only shown gross disrespect and disregard for the judgements and orders of the Circuit and Appeal Courts, but have also brought the processes of the Courts into disrepute and tended to obstruct the administration of justice.

The Islamic Mission in 1989 sued the GMM claiming ownership of the house in dispute which they described as its Ashanti Regional Mission House.

The GMM counter-claimed for ownership of the same building which they also described as its Ashanti and Brong Ahafo Regional Mission House.

On May 31, 1995, a Kumasi Circuit court presided over by Mr Justice K. K. Acquaye dismissed the claim of the Islamic Mission and granted judgement for the GMM for declaration of title to the Mission house and for recovery of possession and perpetual injunction.

The Islamic Mission appealed against the Circuit Court's decision to the Court of Appeal which dismissed it on February 12 last year.

A motion for stay of execution of the Court of Appeal's judgement filed by the Islamic Mission was withdrawn and struck out with 400,000 cedis cost against the Islamic Mission on January 26, this year when counsel for the Islamic Mission conceded to a preliminary objection raised by counsel for the GMM.

The Islamic Mission subsequently filed a motion at the Supreme Court seeking leave to appeal against the Court of Appeal's judgement. However on March nine, this year, counsel for the Islamic Mission filed a notice of withdrawal of the appeal.

The statement said following the notice of withdrawal of the Appeal, by the Islamic Mission, the Registrar of the Court of Appeal formally notified the Registrar of the Kumasi Circuit Court, the trial court, of the result of the Appeal and returned the original docket to the Circuit Court to certify the conclusion of the Appeal proceedings in the case.

It said the GMM, intending to enforce the decisions of both the trial court and the Court of Appeal as to the order of recovery of possession of the house in dispute filed a motion for writ of possession on April 30, this year, which was granted by Mr Justice Baffoe Bonnie presiding over a Kumasi Circuit Court.

The statement said upon the order of the court, bailiffs of the Circuit Court on May Seven, this year, evicted the Islamic Mission officials then in occupation and possession of the house in dispute, and fastened the doors with new locks.

It said after the bailiffs had left the premises, the respondents forcibly broke into the house in dispute and went back into occupation and possession of the house.

GRi?/