Marcel Desailly, the respondent in the contempt application filed by an Accra-based businessman Emmanuel Konti at an Accra Fast Track High Court, is considering an out-of-court settlement.

Though Mr. Desailly, a Ghanaian-born ex-French captain and Chief Executive Officer (CEO) of Lizzy Sports Complex was not in court, his lawyer Sean Opoku disclosed that his client, who is also the defendant in the substantive suit, was considering an amicable settlement of the case out of court.

This was after Ebenezer Ahiator, lawyer for Mr. Kotin, who is also the CEO of Kotin Enterprise had told the court, presided over by Justice Ofori Atta that they were withdrawing the earlier suit because of some irregularities.

He stated emphatically that the suit, which was filed by another lawyer, was riddled with some irregularities that ought to be corrected.

Based on this, Mr. Opoku prayed the court to award Ghc2,000 cost against the applicant but Mr. Ahiator offered to pay Ghc500.

The trial judge however ruled in favour of the applicant.

Mr. Kotin had filed an application urging the Accra Fast Track High Court to cite Ghanaian-born ex-French football star and Chief Executive Officer of Lizzy Sports Complex for contempt.

Mr. Kotin prayed the court to punish the ex-France captain 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 accused 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.

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.”

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.

“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 he 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 tenantable 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.