REPUBLIC v. NANA FOSU ADUTWUM & ANOTHER
2018
COURT OF APPEAL
GHANA
CORAM
- ADUAMA OSEI, J.A. (PRESIDING)
- DZAMEFE, J. A.
- WELBOURNE (MRS), J. A
Areas of Law
- Civil Procedure
- Evidence Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Plaintiffs alleged that Defendant obstructed and damaged property in a land dispute and filed for contempt when the Defendant allocated land during litigation. The High Court dismissed the contempt application due to insufficient evidence, and the Plaintiff appealed. The Court of Appeal, after reviewing the case, upheld the High Court's ruling, stating the evidence did not support claims of contempt. The court emphasized the necessity for clear proof beyond a reasonable doubt in contempt cases and ruled against the appellant, affirming the lower court's decision.
WELBOURNE, JA
This is an appeal against the Ruling of the High Court, Sunyani by the 1st Defendant/Appellant dated 31st May, 2017. The Judgment is at pages 62 – 66 of the Record of Appeal. The Notice of Appeal can be seen at pages 67 – 69 of the Record.
The Ruling can be found from pages 62 - 66 of the ROA, The Copy of application citing the Respondents for contempt of Court can be found from pages 1 - 23 of the ROA.
In this appeal, the Respondents/Respondents are hereinafter referred to as the Respondents and the Applicant/Appellant is hereinafter referred to as the Appellant. The Record of Appeal is hereinafter referred to as ROA.
Brief Facts:
The facts of this case as narrated by the Plaintiffs in their Statement of Claim are that they are resident in Kumasi while the Defendant is the Odikro of Akyeremade all in the Ashanti Region.
The Plaintiffs’ case is that some time in 2003 they acquired parcels of land from the Akyeremade Stool and the particulars of the lands acquired are as follows:
A. Dr. Kwame Antwi, Plots 3&4 Block ‘A’, Plot 10 Blk. ‘F’ (Hotel), Plot 57 Blk. ‘F’, Plot 7 Blk. ‘F’
B. Ama Dankwa, Plot 10 Blk. ‘F’
C. Baah Nuako, Plot 39 Blk. ‘F’
D. Kwadwo Atobra, Plot 48 Blk. ‘F’
E. Akosua Pokua, Plot 58 Blk. ‘F’
F. Afua Pokua, Plots 59 & 60 Blk. ‘F’
According to the Plaintiffs there were Allocation Papers and Site Plans to evidence the said acquisition of the parcels of land. However, when the Plaintiffs attempted to develop the said parcels of land in November-December, 2013 by erecting and constructing fence walls around them, the Defendant sent thugs, hoodlums and machomen to destroy the said fence that had been constructed around their lawfully acquired land. The Plaintiffs’ case is further that, on or about the 10th of May, 2014 materials acquired by them for the development of the said land which were on the land were destroyed by the Defendant together with persons acting on his directives, control and behest, as a result of their actions the following particulars of damages were suffered by the Plaintiffs:
i. Garden Pillars. = GH320.00
ii. Cost of Labour for mounting the Garden Pillars. = GH450.00
iii. 12 Cubic Feet of Quarry Dust = GH1,000.00
iv. Cost of Labour for 800 Feet of excavated
foundation = GH1,400.00
TOTAL COST = GH3,170.00
According to the Plaintiffs, the Defendant threatened to kill the 1st Plaintiff if he did not stop the development of the lands acquired by the Plaintiffs. Subsequently, a report in respe