THE REPUBLIC v. GEORGE ODIASE & 5 ORS EX PARTE: GLORIE OSAFO AGYEMANG-DUAH & ORS

RULING

On 20th May, 2019 when the instant contempt application came up for hearing, Kwasi Afrifa Esq. counsel for the applicants herein prayed the court for permission to examine the respondents herein. Counsel submitted that the application is grounded on the fact that the respondents per their various affidavit in opposition have denied the contempt allegation.

Learned counsel further submitted that the application is founded on the Supreme Court case of Kojach Limited vrs Multi Choice (Ghana) Limited [2013/14] SCGLR 1494, Holding 1 where the court held:

“It must be pointed out that in virtually all interlocutory applications that come before our courts, evidence in support would be in the nature of affidavit evidence as required under Order 19 Rule 4 of the High Court (Civil Procedure) Rules 2004 CI 47. In the normal course of determining interlocutory applications the courts would rely on the affidavits filed together with exhibits, if any. However, if any of the parties to the application is of the opinion that certain vital issues appear unresolved, a party may with the leave of the court, orally apply to the court to cross-examine a deponent to the affidavit to assist the court in resolving the crucial issue, the determination of which may have a decisive effect on the determination of the application …”

Counsel also cited the Supreme Court decision in the Republic v Boama Ex-parte Amponsah [2012] 1 SCGLR 58 in support of the submission that in the face of denials by the Respondents, the court must order for their examination.

Counsel for the respondent, Golda Denyo (Ms) opposed the application on the basis that counsel for the applicant has not given the court the basis of the examination. Counsel’s position was that a mere denial by the respondent does not warrant examination.

At the time the application was made the court had not had the privilege of perusing the respondents’ various affidavit in opposition to the contempt application, as the same were placed on the court’s docket in the morning of May 20, 2019during the sitting of the court. The matter was therefore adjourned to today for ruling on the instant application.

Under Order 50 of CI 47, committal proceedings are to be commenced by an application to the court. The application shall be supported by an affidavit stating the grounds of the application. A respondent who wishes to contest the allegation is at liberty to file an affidavit in opposition. Ordinarily, a contempt appl