A businessman in Accra has filed an application urging an Accra Fast Track High Court to cite Ghanaian-born ex-French football star and Chief Executive Officer of Lizzy Sports Complex Marcel Desailly for contempt.
The plaintiff, Emmanuel Kotin, CEO of Kotin Enterprise, wants the court to punish the ex-France Captain, who is also the Chief Executive Officer (CEO) of Marcel Desailly Investment Limited, because he claims the football star allegedly breached the court's order.
Mr Desailly is said to have in February last year allegedly used his workers to forcibly eject Emmanuel Kotin, a tenant on the premises of Lizzy Sports Complex, ahead of the determination of a matter pending in court.
The defendant is per his action deemed to have obstructed the course of justice by bringing the administration of justice into disrepute.
Mr Desailly in 2012 entered into an agreement with Mr Kotin to operate a bar and restaurant within the complex to visitors who hold events at the complex at a monthly fee of $8,000.
However, Mr Kotin is accusing the Ghanaian-born ex-French football star of breaching the terms of the tenancy.
An affidavit in support of the application for an order of contempt of court filed by Ebenezer Ahiator, counsel for the plaintiff, said to further deliberately treat the pendency of the action with disdain and contempt and without the least respect for the administration of justice, the respondent had barricaded the bar so as to prevent the plaintiff and his staff from operating the outside bar restaurant which was part of the space rented to his client.
It said Mr Desailly without any justification disconnected Mr Kotin's rented premises from the generator services though he owes the respondent in that regard.
The affidavit stated, among other things, that the ex-French football star had intentionally locked up all the washrooms attached to the plaintiff's rented premises which are used by his customers, only with the intent to frustrate the action pending before the court, adding that “unless Mr Desailly is punished for contempt, (he) will continue to obstruct the course of justice.â€
According to Mr Ahiator, the defendant, having locked the washrooms and barricaded the outside bar, has now taken over the running of the restaurant in the complex, thus making the presence and operation of the facility by Mr Kotin superfluous and making the pendency of the matter before the court a mockery unless it commits Mr Desailly for obstruction of justice and ridiculing the administration of justice.
“The respondent's conduct brings the administration of justice into disrepute and disregard and shows the utter contempt with which the respondent regards the court,†it added.
Mr Desailly in a statement of defence filed at the court through his lawyers, Dery & Co, stated that Mr Desailly is entitled under and by virtue of the laws of Ghana to terminate the lease agreement and recover possession of the premises upon Mr Kotin's failure to make good his obligation to pay rent more than one month.
It said among other things that Mr Kotin had rather been constantly breaching the terms of the agreement by not keeping the premises in tanantable condition, an issue which was the subject matter of a letter dated November 13, 2012 to Mr Kotin and a report by the Accra Metropolitan Assembly (AMA) dated March 3, 2013.
Source: Daily Guide