THE REPUBLIC vs CELESTINA OSEI & ORS
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE.
Areas of Law
- Civil Procedure
- Family Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an application by the Applicants to commit the Respondent, their sibling, to prison for contempt of court following a judgment in their favor regarding possession of a property. The Respondent denied her identity as the person named in the judgment and the alleged contemptuous conduct, leading to her opposition to the application. The court examined the issues, supporting evidence, and legal principles, ultimately dismissing the application as the Applicants failed to prove the Respondent's contemptuous conduct beyond a reasonable doubt. The judgment emphasized obedience to court orders and the need for further evidence in contempt proceedings.
On 30th November, 2018, the Applicants instituted the instant action against the Respondent, one Celestina Osei, for her to be committed to prison for being in contempt of court.
THE CASE OF THE APPLICANTS
It is the case of the Applicants that the Respondent herein is a sibling of theirs.
That per their Exhibits ‘A’ and ‘B’, they caused a writ of summons and statement of claim to be issued against the Respondent herein as the Defendant therein.
That subsequently, proceedings in court culminated in the delivery of judgment in their favour against the Defendant, Respondent herein, as per Exhibit ‘C’. According to the Applicants, the Respondent was served with notice of the entry of judgment, per their Exhibit ‘D’.
The Applicants further state that following the processes of execution, they were put in possession of three (3) rooms of the house, the subject matter in dispute located at Regimanuel estate in Accra, in accordance with the judgment of the court, with the said rooms sealed by the bailiff of the court as per Exhibit ‘E’. The Applicants continue that subsequently, the Respondent herein has gone ahead and broken the seals and taken over the said rooms. That upon their discovery of the Respondent’s conduct, they made a report to the Police, for which the Respondent was invited to the Police Station.
That at the Police Station, the Respondent admitted to her conduct.
It is therefore the contention of the Applicants that the Respondent’s conduct is contemptuous of court for which she should be cited for contempt of court.
THE CASE OF THE RESPONDENT
In her opposition filed on 29th January, 2019, the Respondent who has been hurled before this Court, has stoutly opposed the application.
She states that her name is not Celestina Osei (as stated by the Applicant in the instant action and also in the substantive suit which has engendered the instant action) but rather Celestine Ahiable.
The Respondent continues that she was never served with the processes mentioned in paragraphs 3, 4 and 5 of the affidavit of the Applicants (the writ of summons and statement of claim, the judgment and entry of judgment). She also denies the conduct alleged by the Applicants.
Although she admits that she was invited to the Police Station on the basis that she refused to allocate some rooms to the Applicants, she denies having admitted to the conduct for which she was invited to the Police Station.
The Respondent counters per paragraph 9 of her affidavit in opposit