THE REPUBLIC vs CHARLES KUFFOUR SARFO EX-PARTE: JOSEPHINE AMANKWAA OWUSU @NAANA
2025
HIGH COURT
CORAM
- HIS LORDSHIP JUSTICE FREDERICK TETTEH
Areas of Law
- Civil Procedure
- Family Law
2025
HIGH COURT
CORAM
AI Generated Summary
This High Court contempt ruling arises within a pending divorce between the Applicantmother of KerenHappuch (10) and Beryl (8)and Respondent Charles Kuffour Sarfo. After the court granted the Applicant reasonable access to the children, Charles allegedly frustrated compliance by removing them early from school on a scheduled access day, prompting a police report (Exhibit B). The judge restated Ghanaian contempt principles: only willful disobedience to clear orders qualifies, and civil contempt must be proved beyond reasonable doubt. On the evidence, the court found Charles deliberately breached the access order and convicted him of contempt. Considering mitigationincluding vacation and weekend time allowed under the courts directionthe court cautioned and discharged him, and imposed practical directives for future compliance, communication, and vacation/term arrangements, including limiting travel outside Kumasi during vacations.
In these proceedings; the Applicant through his lawyer is praying this court for an order committing the Respondent herein; Charles Kuffour Sarfo for contempt of court for bringing the administration of justice into irreparable disrepute by his deliberate act and conduct disrespecting and disobeying the orders of the court by deliberately refusing to give access of the children to the Applicant for the weekend.
It is the case of the Applicant; the mother of KerenHappuch Kuffour Sarfo 10 yrs and Beryl Kuffour Sarfo 8 years, that on the 12t of October, 2023, that, she filed for divorce against the Respondent for the following reliefs; aged aged
a. An order for the dissolution of the ordinance marriage contracted between the parties on the 5th of July, 2013.
b A further order for the custody of the two (2) issues to the marriage, namely KerenHappuch Kuffour Sarfo 10 yrs and Beryl Kuffour Sarfo 8 years. aged aged
According to the Applicant; while the case was pending, she for reasonable access to the children; which application the court graciously granted. The Applicant added that, on the date for her to take the children; the Respondent resisted it and took the children away against the orders of the court. The Applicant reported the case to the The Applicant deposed that, the Respondent has refused to surrender the children to her inspite of the orders of the court. The Applicant contended that; the refusal of the Respondent to give the children to her is deliberate and willful and in contempt of the court, hence the instant application: In applied police.
his affidavit in opposition filed on the 14th March, 2024, the Respondent denied the Applicant 's depositions.
One of the main objectives of a contempt of court application; is to protect the dignity of the court. The courts have been set up to ensure peaceful settlement of disputes and for the maintenance of law and order. It is in the collective interest of members of the community that the authority vested in the courts to protect them is not trampled upon. act which therefore seeks to undermine the authority of the courts should not be countenanced. Any
His Lordship Adzoe JSC (as he then was in the case of Republic vrs. Sito 1;Ex Parte Fordjour [20012002] SCGLR page 322, stated thus;
"The type of contempt charged against the appellant involves willful disobedience to the judgment or order, or other process of a court; it must import a demand to do or abstain from something A refusal to compl