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THE REPUBLIC vs CHRISTOPHER ADZOYI EX–PARTE: NII LARYEA BOTWE II

June 26, 2024

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP ALEXANDER OSEITUTU (J.)

Areas of Law

  • Civil Procedure
  • Evidence Law

AI Generated Summary

The High Court (Land Division, Accra), per His Lordship Alexander Osei Tutu (J.), considered a motion to commit the Respondent to prison for contempt. The Applicant relied on an April 20, 2018 interlocutory injunction in Suit No. LD/1408/2017 restraining the defendant and those claiming through her from dealing with the land, attaching Exhibit NLB “A”. The Respondent, described as the defendant’s son and a self-styled pastor, erected structures up to lintel level and operates a church auditorium and orphanage on the land. Although the defendant’s appeal against the injunction failed up to the Supreme Court, the Court held contempt is quasi-criminal and requires proof beyond reasonable doubt. The Applicant’s affidavits were inconsistent and failed to clearly link the order to the Respondent and his knowledge. The Court found the first two contempt elements unproven and dismissed the application.

RULING