REPUBLIC v. NII DAA NYINAA-NSE II & OTHERS
2015
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU (MS) JA (PRESIDING)
- L.L. MENSAH, JA
- M. M. AGYEMANG (MRS.), JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This is an appeal against the High Court's judgment finding the appellants guilty of contempt regarding a land ownership dispute in New Weija. The appellants disobeyed a series of high court judgments that affirmed the respondent's ownership of the land by trespassing and engaging in activities inconsistent with the respondent's ownership. The High Court's decision was upheld on appeal, and the fines and sentences were affirmed. Key legal principles include the quasi-criminal nature of contempt of court, the requirement of proof beyond a reasonable doubt, and the necessity of a willful disobedience of a known court order for a finding of contempt.
AGYEMANG JA:
This is an appeal against the judgment of the High Court, Land Division, Accra whereinthe appellants, convicted contemnors, were sentenced to fines as well as to the execution of bonds to be of good behaviour for two years or in default one month imprisonment with hard labour.
These are the matters antecedent to the present appeal:
The applicant/respondent (hereafter referred to as the respondent) brought an application before the High Court seeking an order of committal of the respondents/appellants (hereafter referred to as the appellants) for contempt of court. The application was supported by a twenty-one paragraph affidavit of the 9th of April 2010, and also by three supplementary affidavits dated 28th April 2010, 15th November 2010, and 1st March 2011.
The respondent is the owner of an expanse of land described as being and lying at New Weija, measuring 95.194 acres, per a customary grant of same from Nii Anto Nyame, former Chief of Weija in 1980 to its Managing Director which was subsequently reduced into writing in favour of the respondent company. After the said grant, the respondent reduced the land into its possession by granting portions to prospective developers, demarcating roads, and extending electricity to the land. The respondent had quiet enjoyment thereof until the death of its grantor.
The first appellant herein is the successor of Nii Anto Nyame the grantor. In his application for committal of the appellants for contempt, the respondent allegedthat by reason of the acts of the first appellant and his elders which were inconsistent with its ownership of the land (including grants the said persons purported to make of portions of the land to certain parties), it brought actions before the High Court in the vindication of its rights. In one such suitdescribed as Suit No. L401/2001; FKA Company Ltd v. Effah Sarkodie, the High Court adjudged him owner of the said tract of land. The judgment was affirmed by the Court of Appeal in its judgment of 16th March 2007 (Civ. App. No. H1/181/2007), and then by the Supreme Court on 27th October 2008 (Civ. App. No.JA/33/2007). An application for the review of the Supreme Court’s decision was dismissed by the Supreme Court.
It was the case of the respondent that the appellants had, in disregard of the said judgments of the courts,trespassed on the said land, and by means of intimidation, harassment, violence, extortion of monies from developers, and purported grants to other parties,