CONTEMPT APPLICATION AGAINST GBA EXECUTIVES

IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT OF JUSTICE
FAST TRACK DIVISION, ACCRA

SUIT NO. AP50/09

THE REPUBLIC

-VRS-

1. PETER R. ZWENNES )
c/o 2nd Floor, Carlton House ) 1st RESPONDENT
Opp. Beijing Clinic, Anumansa Street)
Osu Re, Accra )

2. FRANK W. K. BEECHAM ) 2nd RESPONDENT
C/o Bram-Larbi, Beecham & Co. )
E127/2, Kojo Thompson Rd. )
Adabraka, Accra )

EX PARTE JOE ABOAGYE DEBRAH ) APPLICANT
#82/1, CASTLE ROAD, ADABRAKA )
ACCRA

AFFIDAVIT IN SUPPORT

I, Joe Aboagye Debrah of F119B, Ashongman Estates, Accra, do make oath and say as follows:

1. That I am a partner of 1stLaw, a firm of legal practitioners based in Accra and the deponent/Applicant herein and a fully paid up member of the Ghana Bar Association.

2. That at the hearing of this application, I shall seek leave of the Court to make reference to material averments in the processes filed so far in the substantive suit as if same have been deposed to in this affidavit and sworn hereto.

3. That I issued a writ of summons dated November 24, 2008 against the Ghana Bar Association claiming the following reliefs:

a. A declaration that the election of national officers of the Defendant on November 15, 2008 is in contravention of Article 26(3) of the Defendant’s Constitution and is therefore null and void and of no legal effect.

b. An order that the election of all national officers of the Defendant at the November 15, 2008 Conference is null and void.

c. An injunction against the Defendant restraining them from permitting, allowing, condoning or parading the said elected officials in any manner whatsoever and/or holding them out as elected national officers of the Defendant for the 2008/2009 legal year or acting as such pending the final determination of the suit.

4. That on December 2, 2008, the Defendant entered conditional appearance per its solicitors and have subsequently filed a Statement of Defence dated January 21, 2009.

5. That the Respondents were purportedly elected as National Secretary and National Treasurer of the Ghana Bar Association at the November 15, 2008 conference which election has been contested in the substantive suit in the High Court, Fast Track Division.

6. That despite the pendency of the action and despite having due notice of the action and the reliefs sought by the Plaintiff, particularly relief numbered (c) on the indorsement to the Writ, the Respondents have publicly held themselves out as National Officers of the Ghana Bar Association and will continue doing so in total disregard for the authority of this Honourable Court and the consequential damage to the integrity of the Honourable Court.

7. That the 1st Respondent is still communicating on the Association’s letterhead in his contested capacity as National Secretary as exemplified by exhibit ‘JD1’ annexed hereto.

8. That the 2nd Respondent per a public notice in the widest circulating daily newspaper in Ghana, the Daily Graphic of Thursday February 19, 2009 signed a demand notice in his contested capacity as the National Treasurer of the Ghana Bar Association to all lawyers who have not discharged their financial obligations to the Association to do so by end of April, 2009. A copy of the said demand notice is attached hereto as exhibit ‘JD2’.

9. That the Respondents and other holders of National positions which are the subject of the substantive writ have been attending meetings of the General Council of the Ghana Bar Association including a meeting held on January 29, 2009.

10. That all the holders of the contested national positions and all members of the Ghana Bar Association are officers of the Court and must act in a manner that does not impugn the integrity of the Courts or bring the administration of justice into disrepute.

11. That the conduct of the Respondents in continuing to hold themselves out as National Officers of the Ghana Bar Association despite the pendency of the substantive action is an unbelievably flagrant disregard and total disrespect for the authority of the Honourable Court and such conduct has become intolerable and they would not halt such impunity unless the Court grants an order of committal against them for their brazen disregard for law and order and the sanctity of the Honourable Court.

12. Wherefore I swear to this affidavit in support.

SWORN AT ACCRA THIS }
Day of March, 2009 } ………………………..
DEPONENT
BEFORE ME



COMMISSIONER OF OATHS



AND TO: THE ABOVE NAMED RESPONDENTS

1. CHARLES ZWENNES, C/o 2nd Floor, Carlton House, Opp. Beijing Clinic, Anumansa Street, Osu Re, Accra

2. FRANK W. K. BEECHAM c/o Bram-Larbi, Beecham & Co., E127/2, Kojo Thompson Rd., Adabraka, Accra