Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

REPUBLIC v. MAJOR CLIFFORD ATTA WIRROM (RTD)

2012

COURT OF APPEAL

GHANA

CORAM

  • MARFUL-SAU, JA (PRESIDING)
  • HONYENUGA, JA
  • DENNIS ADJEI, JA

Areas of Law

  • Civil Procedure
  • Evidence Law
  • Probate and Succession
  • Criminal Law and Procedure

AI Generated Summary

This appeal concerns Atta Wirrom’s conviction by the High Court, Cape Coast, for contempt and perjury arising from his caveat opposing respondents’ application for letters of administration to the estate of Joseph Dumah Quaison, who died testate in 1969. The will appointed Joseph Acquah as executor and Atta Wirrom as trustee of a house in Accra. A 1987 default judgment in the High Court, Accra, purported to remove Wirrom as trustee. In 2011, respondents initiated contempt proceedings claiming the caveat interfered with justice and that Wirrom falsely denied knowledge of the 1987 judgment. The Court of Appeal, per Marful-Sau JA, held the affidavit failed to identify a breached order; filing a caveat is lawful, and any alleged perjury must be pursued under criminal procedure, not Order 50. Dennis Adjei JA concurred, emphasizing the penal nature of contempt and the proof standard, and the court unanimously set aside the conviction, fine, and costs.

JUDGMENT