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THE REPUBLIC v. ESI BOSOMPEM AND NANA OSEI a.k.aHAEL ATTOH AR MAH

2022

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP, JUSTICE ABOAGYE TANDOH, HIGH COURT JUDGE

Areas of Law

  • Civil Procedure
  • Evidence Law
  • Constitutional Law

AI Generated Summary

Yaw Dankwah Agyekum moved the High Court for committal of Kwesi Bosompem and another for contempt after he had sued them over title to a plot of land. He alleged that the respondents continued developing the disputed land during pendency of the suit and after service of his interlocutory injunction application, intending to change the land’s character and overreach the court’s eventual decision. A registry search confirmed service of the application on 7 April 2020. The first respondent denied interest or service; the second claimed ownership via a 2015 head lease regularized by the stool and said works predated the writ. Applying Supreme Court authorities and the Evidence Act’s burden of proof, Justice Aboagye Tandoh held that the respondents’ post‑filing development undermined the administration of justice even absent an order, proved contempt beyond reasonable doubt, convicted both, and imposed one month’s imprisonment with hard labour, issuing a bench warrant to enforce the sentences.

JUDGMENT