Watch & Dine Cinema, Kumasi
A Kumasi High Court has cleared five management officials of Watch & Dine Cinema, located at the Kumasi City Mall in the Ashanti Region.
The contempt application was initiated by Glorie Osafo Agyemang-Duah and Osei Agyemang-Duah, who contended that the respondents blatantly disregarded the orders of another court which had placed an interim injunction on the operations of the cinema.
The applicants, who were ‘kicked out’ of the company, had initiated a civil suit against the defendants and were seeking eight declarations, including an order compelling the company to pay them their 15 per cent each shares in the company which they have been denied since April 2018.
The defendants were Kwabena Obeng, Nana Obeng Brentuo, Akosua Adutwumwaa Obeng, Stephen Kofi Opoku and George Odiase.
The trial court subsequently granted an interim injunction pending the determination of the case.
Contempt
The plaintiffs, however, filed an application for contempt, saying the defendants had willfully ignored the court’s orders.
They claimed the defendants had continued to conduct business on the very day the order of interim injunction was served on them.
They also alleged that the respondents in further disregard for the orders of the court “caused falsehood to be peddled on social media to the effect that no injunction has been granted and that they are at liberty” to run the movie house.
Defense
The respondents opposed the application, saying the applicants are not entitled to the order they seek, as they have not satisfied the legal requirements for obtaining an order for the committal of a person for contempt.
They also contended that the applicants have failed to show that they (respondents) have done anything that is contrary to the injunction order.
They also contended that the injunction order was not served on three of the respondents, hence they were not restrained by the order.
Ruling
The presiding judge, Justice Richmond Osei-Hwere, dismissed the application saying, “Applicants are not entitled to the order sought, as they have failed to prove that the respondents willfully disobeyed the injunction order of the court.”
The court also awarded a cost of GH¢8,000 against the applicants.