2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Authored by Margaret Welbourne, JA, this Court of Appeal decision arises from an appeal against the High Court’s 16 April 2015 ruling dismissing a contempt application tied to the enstoolment of Dr. Yaw Sarfo as Omanhene of the Kumawu Traditional Area. After the High Court (P. K. Richardson) rejected applications for certiorari, prohibition and an injunction on 17 October 2014, the appellants filed a motion for interlocutory injunction pending appeal on 20 October 2014. The Respondent, together with the Gyasehene and the Queen mother, installed Dr. Sarfo on 30 October 2014, and later denied service of the injunction motion. On appeal, appellants challenged a transfer by the Chief Justice, alleging lack of jurisdiction and procedural impropriety. Applying Section 104 of the Courts Act and evidentiary standards for contempt, the Court held the transfer valid, found no proof of service or knowledge, rejected all grounds, and dismissed the appeal with GH¢5,000 costs.
JUDGMENT
WELBOURNE, JA
This appeal emanates from an appeal against the Ruling of the High Court dated 16th April, 2015, dismissing the application for the committal of the Respondent/Respondent for contempt of court.
In this appeal, the Applicants will be described as the Appellants and the Respondent as Respondent.
The facts culminating in this appeal are that on 20thOctober, 2014, the Appellant filed at the High Court, Kumasi, a Motion on Notice for an order of Interlocutory Injunction pending appeal. Preceding this, on 17th October, 2014, the High Court presided over by P. K. Richardson had dismissed an application by the Appellants’ for certiorari and prohibition as well as an application for interlocutory injunction restraining the Respondents in that suit from among others continuing with the customary process leading to the installation or enstoolment of Dr. Yaw Sarfo. Following the dismissal of both applications by the High Court (Human Rights Division) Kumasi, the way was clear for the installation ceremony of a new Omanhene for Kumawu.
On 30th October, 2014, the Respondent, together with the Gyasehene of the Kumawu Traditional Area, the Queen mother of Kumawu Traditional Area and in the presence of an Okyeame of the Otumfour, the Asantehene and before the Oman of Kumawu, installed/enstooled Dr. Yaw Sarfo as the Omanhene of the Kumawu Traditional Area under the stool name of Barima Sarfo Tweneboah Kodua. It was after this event that the Respondent herein was served with a Motion on Notice for an order of committal for contempt.
According to the Respondent he was not served with the Motion for Interlocutory Injunction pending appeal which was filed by the Appellants. The Appellants dissatisfied with the Ruling of the High Court filed an appeal with the following grounds:
The ruling is against the weight of the evidence on the record.
The High Court, Commercial Division, Kumasi lacked jurisdiction to deliver its ruling in that the High Court 7, Kumasi, with Mr. Justice Azumah presiding, had adjourned the same case for ruling on 10th February, 2015, which case had been pending before him since 24th November, 2014.
The learned Justice of the Commercial Division of the High Court, Kumasi, erred in law in holding that the Respondent/Respondent’s participation in the ceremony intended to install Dr. Yaw Sarfo as Omanhene of Kumawu did not interfere with the due administration of justice and pending litigation.
Counsel for the Appellant argued t