THE REPUBLIC v. ISAAC ODEI; EX PARTE: DANIEL OPARE ASIEDU PER JOSHUA APPEKEY
2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE ABOAGYE TANDOH, HIGH COURT JUDGE
Areas of Law
- Civil Procedure
- Evidence Law
- Criminal Law and Procedure
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Aboagye Tandoh of the High Court considered an application to commit the Respondent to prison for contempt arising from continued management of Christ Academy Ltd in defiance of clear court orders. The Applicant, who acquired 60% of Mr. Osae Kwafo’s shares and was adjudged the majority shareholder by Justice Emmanuel Kofi Diaba, served an Entry of Judgment and, through the school’s Board, appointed Mr. Joshua Appekey as Head Teacher. The Respondent nonetheless installed Mr. Wisdom Gettor, rebuffed a phone request on October 29, 2021, and refused to hand over after a formal letter. In opposition, he challenged the deponent’s capacity, claiming no power of attorney. The court reaffirmed the quasi-criminal burden of proof for contempt, found Exhibit G (a duly admitted power of attorney) validated capacity, rejected technical objections, and held that the Respondent knowingly and willfully disobeyed the orders, obstructed justice, and was convicted and sentenced to three days’ custody and a fine, with default imprisonment.
JUDGMENT
Before me is an application for an order to commit the Respondent to prison for
Contempt of court pursuant to Order 50 rule 1, 2, 3 of C.I 47.
For the avoidance of doubt, Order 50 rule 1, 2 and 3 of C.I 47 states: Committal for
contempt
1. (1) The power of the Court to punish for contempt of court may be exercised by an
order of committal.
(2) Committal proceedings shall be commenced by an application to the Court.
(3) The application shall be supported by an affidavit stating inter alia the
grounds of the application.
See also Section 36(1) of act 459, (1993)
According to the Applicant, on the 18th day of March 2016 he instituted an action at the
High Court (Commercial Division), Cape Coast against the Respondent (1st Defendant)
and Christ Academy Ltd (2nd Defendant) therein claiming among others, for the
following reliefs:-
a) A declaration that Plaintiff having acquired 60% shareholding of Mr. Osae
Kwafo in the 2nd Defendant entity is the majority shareholder of the 2nd
Defendant.
b) A further declaration that as the majority shareholder of the 2nd defendant
the Plaintiff is entitled to appoint the head teacher and other management
staff of the 2nd defendant.
c) An order directed at 1st Defendant to render a comprehensive account on his
dealings with the business of the 2nd Defendant since September 2013 since
he usurped the position of Head Teacher of 2nd Defendant from Mr. Osae
Kwafo till date of handover.
d) An order directed at the 1st Defendant to hand over the management of the
nd Defendant to the Plaintiff (See attached herewith a copy of the writ of
summons and statement of claim marked EXHIBIT “A”)
The Applicant stated that on the 28th day of June 2021 the High Court presided over by
His Lordship Emmanuel Kofi Diaba J. entered judgment after full trial in favor of the
Applicant herein. (Find attached herewith a copy of the Judgment marked as
EXHIBIT “B” series). According to the Applicant, he filed an Entry of Judgment on the
16th day of August 2021 and same was duly served on the Respondent. (See attached
herewith a copy of the Entry of Judgment and Proof of Service of same marked as
EXHIBIT “C”)
The Applicant averred that Mr Joshua Appekey his Lawful Attorney was appointed as
the new Head teacher of the Christ Academy Limited by the Board of Directors of the
School. (Find attached herewith a copy of my Letter of Appointment marked as
EXHIBIT “D”). Thereafter, the applicant said he went to the sc