2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Justice S. R. Bernasko Essah, J.A., authored the Court of Appeal’s decision allowing the appeal of the Apostles Revelation Society (ARS) Church leader against his High Court contempt conviction. The ARS Registered Trustees had previously obtained interim reliefs and, while their motion for interlocutory injunction was pending, accused the Respondent of using the church seal to authorize his daughter’s store on church land, printing centenary cloth, warning certain branches not to attend the anniversary, and misdirecting collections. On 21 December 2018 the High Court ordered that no member be restrained from attending the anniversary and that the Executive Committee manage the organization and finances. The trial court later found willful disobedience and sentenced the Respondent. On appeal, the Court re‑evaluated the record, held that the order did not personalize the Executive Committee’s institutional directive, cited minutes showing the Applicants participated and were not sidelined, rejected pre‑order conduct as contempt, and concluded the Applicants failed to make a prima facie case or meet the beyond‑reasonable‑doubt standard. The conviction and costs were set aside; the challenge to oral interim orders was dismissed for procedural reasons.
S. R. BERNASKO ESSAH (MRS.), J.A.
On the 23rd of May 2019, The High Court found the Respondent/Appellant liable for Contempt of the Courts Orders, convicted him and sentenced him to execute a bond to be of good behavior for one (1) year, or in default a fine of 1000 Penalty Units, or 2 years I.H.L. Aggrieved by this decision, the Respondent launched the instant appeal on the following grounds:
a. The Ruling is against the weight of evidence adduced at the Trial.
b. The Trial Judge failed to fairly and adequately consider the case of the Appellant before finding him liable for contempt.
c. The Learned Trial Judge erred when he held that the Applicants were able to prove their case of contempt beyond reasonable doubt.
d. The Learned Trial Judge erred when he granted an Interim Order in a Contempt Application, even though there was no Application before the Court.
e. The Cost awarded in favour of the Applicants/Respondents is harsh and excessive in the circumstances.
The Notice of Appeal indicated that some additional grounds of appeal will be filed but that was not to be. We shall in this opinion refer to the Respondent/Appellant as Respondent, and the Applicant/Respondent as the Applicants.
The facts leading up to the Application for Contempt are that on the 7th of August 2018, the Registered Trustees of the Apostles Revelation Society (ARS) Church, instituted an action against the Respondent, seeking various reliefs.
They also filed and obtained a 10 day Order of Interim Injunction against the Respondent starting on the 15th Day of August 2018. The Order restrained the Respondent from the following conduct: any activity that purports to organize an anniversary or other event of the Church using the seal of the Plaintiff Church; collecting tithes from all branches of the Church; collecting donations on behalf of the Church.
Upon expiration of the Interim Order, Applicants filed a Motion On Notice for an Order of Interlocutory Injunction on the 23rd of November 2018, repeating the reliefs sought in the Ex parte Interim Injunction and same served on the Respondent. Applicants alleged that during the pendency of the said Application, the Respondent continued to flout the reliefs sought for in the Motion for Interlocutory Injunction and allowed his agents, assigns and privies to do same.
Therefore on the 17th of December 2018, the 1st Applicant describing himself as a Trustee of the Church, as well as General Secretary of the Church, together with th