REPUBLIC v. BAFFOUR ATTA TWENEBOAH
2018
COURT OF APPEAL
GHANA
CORAM
- ADUAMA OSEI, J.A. (PRESIDING)
- DZAMEFE, J. A.
- WELBOURNE (MRS), J. A
Areas of Law
- Contempt of court
- Administrative law
- Constitutional law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal against the Ruling of the High Court dismissing the application for the committal of the Respondent for contempt was dismissed. The court found that the Appellants failed to provide sufficient evidence to prove that the Respondent was served with the application for Interlocutory Injunction pending appeal. Additionally, the Chief Justice has the authority to transfer cases, and the dismissal of the contempt application was justified.
WELBOURNE, JA
This appeal emanates from an appeal against the Ruling of the High Court dated 16th April, 2015, dismissing the application for the committal of the Respondent/Respondent for contempt of court.
In this appeal, the Applicants will be described as the Appellants and the Respondent asRespondent.
The facts culminating in this appeal are that on 20thOctober, 2014, the Appellant filed at the High Court, Kumasi, aMotion on Notice for an order of Interlocutory Injunction pending appeal. Preceding this, on 17th October, 2014, the High Court presided over by P. K. Richardson had dismissed an application by the Appellants’ for certiorari and prohibition as well as an application for interlocutory injunction restraining the Respondents in that suit from among others continuing with the customary process leading to the installation or enstoolment of Dr. Yaw Sarfo. Following the dismissal of both applications by the High Court (Human Rights Division) Kumasi, the way was clear for the installation ceremony of a new Omanhene for Kumawu.
On 30th October, 2014, the Respondent, together with the Gyasehene of the Kumawu Traditional Area, the Queen mother of Kumawu Traditional Area and in the presence of an Okyeame of the Otumfour, the Asantehene and before the Oman of Kumawu, installed/enstooledDr. Yaw Sarfo as the Omanhene of the Kumawu Traditional Area under the stool name of BarimaSarfoTweneboahKodua. It was after this event that the Respondent herein was served with a Motion on Notice for an order of committal for contempt.
According to the Respondent he was not served with the Motion for Interlocutory Injunction pending appeal which was filed by the Appellants. The Appellants dissatisfied with the Ruling of the High Court filed an appeal with the following grounds:
a. The ruling is against the weight of the evidence on the record.
b. The High Court, Commercial Division, Kumasi lacked jurisdiction to deliver its ruling in that the High Court 7, Kumasi, with Mr. Justice Azumah presiding, had adjourned the same case for ruling on 10th February, 2015, which case had been pending before him since 24th November, 2014.
c. The learned Justice of the Commercial Division of the High Court, Kumasi, erred in law in holding that the Respondent/Respondent’s participation in the ceremony intended to install Dr. Yaw Sarfo as Omanhene of Kumawu did not interfere with the due administration of justice and pending litigation.
Counsel for the Appellant argued that the