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REPUBLIC v. ABUSUAPANIN OHENEBA KWAME GYAN & OTHERS

2021

COURT OF APPEAL

GHANA

CORAM

  • CECILIA SOWAH, J.A. (PRESIDING)
  • ANTHONY OPPONG, J. A.
  • ANGELINA MENSAH-HOMIAH, J.A

Areas of Law

  • Evidence Law
  • Civil Procedure
  • Criminal Law and Procedure

AI Generated Summary

Justice Anthony Oppong, JA, writing for the Ghana Court of Appeal, reviewed contempt committals arising from proceedings before the Judicial Committee of the Akuapem Traditional Council involving the queen mother of Atweasin and rival claims to the Atweasin stool. After the High Court in Koforidua convicted and sentenced several appellants based on affidavits, photographs, and a video, the appellants challenged both the sufficiency of proof and the procedure. The Court of Appeal held civil contempt is quasi‑criminal, requiring proof beyond reasonable doubt and, where material facts are denied, further evidence beyond affidavits. It criticized the trial court’s unconventional handling of the video without oral testimony and cross‑examination, found no proof that the ceremony was a re‑installation under customary law, and determined the ceremony did not pre‑empt the Judicial Committee’s adjudication. The Court set aside the committals, acquitted and discharged the appellants, ordered refunds, and dismissed the respondent’s variation application under Rule 15(1) of C.I.19.

JUDGMENT