THE REPUBLIC v. FRANCIS KWAME DUMENU & FRANK NTUMI, EX PARTE: AARON MORNY AND GODWIN MORNY
2018
HIGH COURT
GHANA
CORAM
- (SGD) JUSTICE MATHEW KYEREMATENG HIGH COURT JUDGE
Areas of Law
- Civil Procedure
- Constitutional Law
- Criminal Law and Procedure
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The applicants filed an application for committal of the respondents to prison for allegedly violating a binding court order by entering disputed land and causing damage. The respondents contended that they did not violate the order and reported illegal activities by the applicants' laborers. The court examined the affidavits and exhibits provided by both parties. Upon review, the court found that the applicants failed to prove their case beyond a reasonable doubt. The court held that the respondents did not willfully or intentionally disobey the court order. Consequently, the application for contempt was dismissed, and costs of GHC500.00 were awarded against the applicants.
RULING
On 19/9/2018, the applicants filed the instant application for an order of committal to prison of the Respondents herein.
The applicants accused the Respondents of breaking the law by disrespecting a binding order of the District Magistrate Court, Kadjebi dated 16th July, 2018 (copy attached and marked EXHIBIT “AG 3") and hereby bringing the administration of justice into disrepute. The parties filed affidavits and a number of exhibits and annexures in support of their respective cases. It is instructive to note that the parties appeared in person. They had no legal representations. I proceed to summarize their cases.
APPLICANTS CASE
That the applicants instituted an action against the Respondents at the District Magistrate Court, Kadjebi on 2nd March, 2018.
That during the pendency of the action the applicants filed Motion on Notice for Interim Injunction restraining the Respondents, their agents or workers from further harvesting or destroying crops and economic trees on the disputed land. Copy of the motion paper and affidavit attached as EXHIBIT “AG2”.
That on 16th July, 2018 the District Magistrate Court, Kadjebi granted an order of Interlocutory Injunction restraining the Respondents, their agents and workers from entering the disputed land by way of harvesting or destroying crops and economic trees (copy of order of Interlocutory Injunction attached as EXHIBIT “AG 3”).
That notwithstanding the existence of order of Interim Injunction, the Respondents and their labourers entered the disputed land and harvested cocoa pods and caused massive destruction to the farm cottage. (Attached as EXHIBIT “AG 4” are photographs of broken cocoa pods and the farm cottage)
That the Respondents have deliberately disobeyed the orders of the District Magistrate Court, Kadjebi and thus brought the administration of justice into disrepute or disregard.
Applicants therefore prayed the court to severely punish the Respondents to serve as a deterrent to mould the offenders.
RESPONDENTS CASE
The case of the Respondents as borne out of their affidavit in opposition are as fellows:
That the Respondents are the Defendants in the Suit No. A2/48/2018 entitled AARON MORNY & ANOTHER VRS FRANCIS KWAME DUMENU & ANOTHER before the District Magistrate Court, Kadjebi.
That the applicants secured an order of Injunction against the defendants herein from harvesting crops or doing anything on the disputed land.
That the Respondents farm is distinct and separate from th