IN THE MATTER OF THE REPUBLIC vs KWADWO YEBOAH EX–PARTEGLADYSGYAMFI

PRELIMINARY MATTERS

Before I determine the application, I will like to address some preliminary matters. It is useful to note that Counsel for the Respondent raised an issue that the substantive suit which gave birth to the contempt application is pending before Commercial Court “A” with the title; Gladys Gyamfi of House Number KN 28/D Kotokrom near Sunyani v. Kwadwo Yeboah @ Alhaji Husein of Fiapre with Suit No. C1/219/2023. Counsel stated that the Applicant failed to comply with the practice direction of the former Chief Justice Anin Yeboah which stated that when a suit is pending before a superior Court and a contemptuous issue arises out of that suit, the contempt application must be filed in the same Court with the same suit number.

I must admit that the present case was filed in this Court on 6th February, 2024 and the former Chief Justice’s directive is dated 8th November, 2022. By inadvertence the case has been pending in this Court until today that the Court is to deliver judgment. The case is not at the initial stages where the Court could take steps for the case to be transferred to Commercial Court “A”. In the Court’s considered view, it would further the interest of justice and the overall objective of Order 1 Rule 2 of the High Court (Civil Procedure) Rules, 2004 (C.I 47) which enjoins all Courts to achieve speedy and effective justice, avoid delays and unnecessary expense to deliver judgment in this matter as scheduled than to have the matter transferred to the other Court. Furthermore, it is the Court’s considered view that delivering judgment in this Court would not occasion substantial miscarriage of justice to any of the parties who have willfully participated in the suit from its inception on 6th February, 2024 to date.

Furthermore, the Respondent stated in paragraph (2) of his affidavit in opposition that Counsel for the Applicant moved the motion for the grant of interlocutory injunction on 12th January, 2024 and for that matter this application for attachment for contempt of Court filed on 6th February, 2024 is hopelessly incompetent and same is incurably defective. The Court is of a firm view that the issue before the Court is not about when the motion on notice for interlocutory injunction was moved and whether it has rendered the contempt application incurably bad and defective. The issue is about whether or not the Respondent after being served with the motion on notice for interlocutory injunction on 2nd October,