The High Court in Accra has issued an order for substituted service against Karen Baaba Sam, a central figure in a contentious custody battle involving her former partner, Kwadwo Adjei.
Presiding judge, Justice Kwasi Adjenim-Boateng of the General Jurisdiction Division, granted the order on June 25, 2025, following a motion filed on June 23 by Mr. Adjei. The application seeks to serve Ms. Sam with legal documents related to her alleged contempt of court in their ongoing custody dispute.
According to the court documents, Mr. Adjei accuses Ms. Sam of persistently disobeying court orders that regulate access to and custody of their young daughter. The contempt application alleges that her actions have undermined the authority of the court and obstructed efforts to enforce a fair custody arrangement.
Efforts to personally serve Ms. Sam with the motion reportedly proved unsuccessful, prompting Mr. Adjei to apply for substituted service—a legal procedure used when the intended recipient cannot be reached through standard delivery methods.
Under the terms of the court’s order, Ms. Sam will be considered properly served once a copy of the motion is:
1. Affixed to the notice board of the High Court in Accra,
2. Posted on the premises of BLG Practice, located at No. 19 Sir Arku Korsah Road in the Airport Residential Area, and
3. Published once in either the Daily Graphic or Ghanaian Times.
Background of case
The long-running custody dispute between Kwadwo Adjei and Karen Baaba Sam dates back to April 2024, when Mr. Adjei initiated proceedings at the Family Tribunal, seeking custody of their daughter, Adele Ohemaa Adjei.
The tribunal initially awarded interim custody to Mr. Adjei, while granting Ms. Sam access to the child every two weeks.
Tensions in the case escalated in early January 2025, after Ms. Sam allegedly failed to return the child following holiday access granted during the festive period.
According to an affidavit filed by Mr. Adjei, the child remained in Ms. Sam’s custody from January 4, 2025, causing her to miss nearly three months of school. This breach led to contempt proceedings against Ms. Sam, resulting in her conviction.
The situation took another turn when a different panel of the Family Tribunal overturned the earlier decision, awarding primary custody to Ms. Sam and restricting Mr. Adjei’s access to weekend visitation. Unhappy with the reversal, Mr. Adjei challenged the new ruling at the High Court.
On June 11, 2025, the High Court set aside the tribunal’s revised order and reinstated the original custody arrangement in favour of Mr. Adjei.
He alleges that shortly after this ruling, Ms. Sam removed the child from school before the close of the academic day and has since gone into hiding, allegedly in defiance of court directives.
With multiple attempts to serve her court documents proving futile, Mr. Adjei filed a motion on June 23, 2025, seeking substituted service and committal for contempt.
In his affidavit supporting the motion, he accused Ms. Sam of repeatedly flouting court orders, including disregarding scheduled drop-off times, unlawfully keeping the child, and deliberately avoiding legal service.
He argued that Ms. Sam’s actions not only undermine the court’s authority but also deprive the child of her right to education and access to her father.
Mr. Adjei is urging the court to impose a custodial sentence to affirm the seriousness of the matter and to uphold judicial integrity.
