REPUBLIC v. ESI TAKYIWA & OTHERS
2015
COURT OF APPEAL
GHANA
CORAM
- C.J. HONYENUGA J.A. (PRESIDING)
- S.K. GYAN, J.A.
- G.S. SUURBAAREH, J.A
Areas of Law
- Alternative dispute resolution
- Civil Procedure
- Constitutional Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The High Court's ruling on the rejection of a stay of proceedings and finding contempt against the 3rd appellant was challenged. The appellate court focused on whether the lower courts had jurisdiction and if contempt was proved beyond a reasonable doubt. The court concluded that jurisdiction was lacking; hence, the orders and sentences were null and void. It also found that the trial court failed to establish a prima facie case for contempt. Consequently, the 3rd appellant's conviction was overturned, and the appeal succeeded.
HONYENUGA, J.A.
This is an appeal against the judgment of the High Court, Tarkwa dated the 28th April, 2014. In this appeal, the Respondents/Appellants would be simply referred to as 1st, 2nd and 3rd Appellants and the Applicants/Respondents as the respondents.
The facts of this appeal are that the Respondents took an action against the appellants before the Wassa Fiase Traditional Council seeking among others a declaration that the respondents’ gate was the only gate who could ascend the Bepo Stool and that the Appellants were strangers and could not ascend the Stool. The Arbitration Committee of the said Traditional Council with the consent of the parties arbitrated over the matter and delivered their decision, which stated that the respondents’ Atweaa family own the Bepo Stool and the appellants were ordered to return all Stool regalia to the respondents, among others. The appellants being dissatisfied with the decision, the 3rd appellant and one Ebusuapanyin Yaw Nyaadu applied to the High Court, Tarkwa for an order of certiorari to quash the decision of the Arbitration Committee of the Wassa Fiase Traditional Council. The High Court in its Ruling dismissed the appellants’ application and declared that what took place between the parties was a valid customary arbitration. The respondents then took out a writ at the District Court, Tarkwa for an order of an enforcement of the arbitration award. The court delivered its judgment and declared that:
“1. The plaintiffs are entitled to the enforcement of the arbitration award published on March 11. 2003.
2. Costs of GH¢1,000.00 is awarded in favour of plaintiffs.”
The appellants having refused to surrender the Stool regalia according to the decision of the arbitration Committee, the respondent filed an application for contempt against the appellants before the High Court, Tarkwa. The appellants were found guilty of contempt and were convicted. The learned trial Judge adjourned their sentencing and ordered the appellants to return all the stool properties to the Registrar of the Court before the adjourned date for their sentencing. On the adjourned date, only the 3rd appellant was in court and he was sentenced to 12 months imprisonment with hard labour and ordered to return the stool properties after serving the sentence. Bench Warrant was issued against the 1st and 2nd appellants.
It is against the aforesaid decision of the High Court, that the instant appeal lies to this Court. It is noted that only th