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ADDO v. KUMI

1970

HIGH COURT

GHANA

CORAM

  • QUASHIE-SAM J

Areas of Law

  • Civil Procedure

AI Generated Summary

The High Court, per Quashie-Sam J., considered an application by the defendant-appellant to attach the plaintiff-respondent and the deputy sheriff of the District Court Grade I, Koforidua, for contempt following execution of a writ of possession after an appeal was filed. The plaintiff had obtained judgment for ejectment and, while the appeal was pending, secured a writ of possession that was executed by the deputy sheriff, placing the plaintiff in possession. The defendant argued that High Court (Civil Procedure) (Amendment) Rule, 1969 (L.I. 619) created an automatic stay and required leave on notice to execute; counsel for the plaintiff and deputy sheriff countered that the signed writ sufficed. Applying L.I. 619 and established contempt standards, the court held the writ was irregularly obtained but found no contempt because the acts did not obstruct the due administration of justice or impair the appellate process. The application was dismissed with no order as to costs.

JUDGMENT