A financial company, Melbond Mirofinanace, has dragged a client, one Adom Dickson – a news anchor of an Accra-based radio station – before an Accra High Court for contempt.
The applicant wants the court to commit Adom Dickson to contempt for occupying a property the company had attached for failing to pay back a GH¢100,000 loan facility granted to him.
According to lawyers of the microfinance, Mr. Dickson, who is also the Chief Executive of Waterchill Enterprise, used his personal house located at Opah, Amasaman in Accra, as collateral in the loan agreement.
In an affidavit in support of the motion urging the court to convict the respondent for contempt, the lawyers said he (respondent) has refused, failed and neglected to make any payment in settling the loan given to him, thereby breaching the terms of the agreement.
The applicant company said it issued several demand notices on the respondent for the repayment of the loan facility but no response was received from him.
The applicant’s lawyers further stated that it applied to the Collateral Registry of the Bank of Ghana (BoG) to realize the charge under the said loan transaction and the Collateral Registry issued to the applicant a Memorandum of no objection pursuant to Section 33 (b) of the Borrowers and Lenders, Act 2008 (Act 773).
The company claims on June 21, 2016, an application was made at the Kaneshie Magistrate Court and was granted an order for police protection to annex the said house used as collateral for the loan facility – when all attempts by the applicant to annex same proved futile.
The applicants stated that upon receipt of the court order, an official of the Kaneshie Magistrate Court, together with a team of police personnel from the Regional Police Command and representative went for the execution by enforcing the applicant’s rights of possession of the said house of Adom Dickson.
Lawyers of the company indicated that after vacant possession was delivered to Melbond, Adom on the blind side of the company broke into the said house and brought back his family and personal effects to occupy the property, which was being prepared for auction.
As a result, the applicant insists that Adom Dickson has clearly disobeyed the lawful execution, thereby undermining the authority of the court.
The company avers, “The respondent’s actions are willful and calculated to undermine the authority of the court, rule of law and bring same into disrepute.”
However, Mr. Dickson, in an affidavit dated January 11, 2017, among other things, stated that the applicant took the law into its hands and resorted to the use of self-help to “drive me away from my own house.”
He said the matter was still before the District Magistrate Court, Kaneshie, pending the decision of the Chief Justice.
In the view of the radio presenter, the application is misconceived and same ought to be dismissed, as he has not violated any order of the court.
Meanwhile, a letter dated August 14, 2015 headed, “Final Notice of Default,” written by Joseph Akpoto, Recovery Manager of the microfinance company, said Adom Dickson had paid GH¢14,930.44.
By Jeffrey De-Graft Johnson