THE REPUBLIC vs ALHAJI AMINU SAANA & ORS
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE.
Areas of Law
- Civil Procedure
- Evidence Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicants filed an amended application for committal of the Respondent for contempt of court, citing instances of trespass and interference with land possession awarded by a prior court judgment. The Respondent denied the allegations, asserting that he stayed within his land and that the Applicants destroyed a wall on his property. The court evaluated the necessary elements for proving contempt, including the existence of a judgment/order, the Respondent's awareness of the order, and wilful disobedience. The court found that the Applicants failed to prove beyond a reasonable doubt that the Respondent's actions constituted willful disobedience and dismissed the contempt charges against him.
The Applicants on 31st of October 2018, instituted this action for the committal of the Respondent, Alhaji Aminu Saana, to prison for contempt of Court.
The application was subsequently amended on 25th of January, 2019. This was followed up with two supplementary affidavits filed on 19th of March, 2019 and 9th of April, 2019.
AMENDED MOTION ON NOTICE FOR COMMITTAL OF THE RESPONDENT TO PRISON FOR CONTEMPT OF COURT
The gravamen of the Applicants‟ case is as follows: Per their amended motion on notice for committal of the Respondent to prison for contempt of Court, the case of the Applicants is that upon the institution of an action by the Applicants herein against one Kwow Richardson in respect of land, in Suit No. FAL/43/2013, this Court differently constituted, on 20th October 2017, gave judgment in favour of the Applicants.
The Applicants attached to the application Exhibit „A‟, the said judgment.
According to the Applicants, the entry of judgment flowing from the judgment was subsequently served on the Defendant.
In support of this, the Applicants relied on Exhibit „B‟ attached to the application.
The Applicants continue that following service of the entry of judgment on the Defendant therein, the Defendant filed an application for stay of execution pending appeal as per Exhibit „C‟ and followed this up with an application to set aside the judgment.
It is the Applicants‟ case that as happened in interlocutory applications to the Court prior and subsequent to the application to set aside the judgment, on the day of the hearing of the application to set aside the judgment, the Defendant was represented by the Respondent herein.
The Applicants attached to the application Exhibit „D‟, proceedings of the day.
In the said proceedings, the Respondent herein is stated as present and representing the Defendant therein.
The Applicants further state that the application to set aside the judgment was dismissed.
Also according to the Applicants per their paragraph 10, in the judgment of the Court dated 20th October, 2017, the Court, inter alia, perpetually restrained the Defendant, his agents, assigns, privies, heirs, workmen, servants and all persons claiming through the Defendant from trespassing or undertaking any development of, dealing with, interrupting or interfering in any manner with the Applicants‟ ownership and quiet enjoyment of the land.
According to the Applicants‟ paragraph 12, on 17th of December, 2018, the judgment of the Court was execu