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THE REPUBLIC v. DR. (MRS) MAXWELL APEAGYEI-GYAMFI & 2 OTHERS, EX PARTE: SUSAN BANDOH

2018

HIGH COURT

GHANA

CORAM

  • KWEKU T. ACKAAH-BOAFO

Areas of Law

  • Civil Procedure
  • Constitutional Law

AI Generated Summary

The High Court (Ghana), per Kweku T. Ackaah-Boafo, considered an application for committal for contempt arising from a land dispute at New Nungua Town extension, Accra. The Applicant had earlier obtained High Court relief, which the Court of Appeal set aside; she then appealed to the Supreme Court, which on 21 July 2015 ordered a stay and preservation of the status quo. The Applicant alleged that the 1st and 2nd Respondents colluded with the 3rd Respondent, Mr. Agyekum, to carry out developments and posted an “Agyekum Presidential Villas” signboard on the land despite the Supreme Court order. The Respondents denied contempt, asserting sale and part-payments occurred before the order and that the 3rd Respondent was not served. Addressing jurisdiction under Articles 125 and 126, and applying Supreme Court authority, the judge held that contempt for breaching a Supreme Court order must be addressed by the Supreme Court. The application was dismissed on jurisdictional grounds without consideration of the merits, with no order as to costs.

DECISION