THE REPUBLIC VS DANIEL AKWETEY EX PARTE: YAW OKYERE
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE GIFTY DEKYEM (MRS.)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a contempt of court application against the Respondent for allegedly disobeying an injunction order. The court found the Respondent liable for contempt, rejecting his arguments that the container was placed on a different piece of land and that the injunction had expired. The court clarified that the injunction was interlocutory, not interim, and thus remained in effect. The judgment emphasizes the elements of contempt, the standard of proof required, and the distinction between interim and interlocutory injunctions. The court's decision underscores the importance of strict adherence to court orders and the consequences of willful disobedience.
The instant is in respect of an application for committal for contempt of court against the Respondent for spitefully disobeying an order for an injunction made by the District Court ‘A’, Koforidua.
The affidavit in support shows that the Applicant herein filed a writ against the Respondent herein at the District Court ‘A’, Koforidua seeking a declaration of title to land, perpetual injunction restraining the Respondent from encroaching upon Applicant’s land and costs.
Except for burial, by an order of the District Court dated 6th August 2021, both parties were restrained by the District Court from dealing with the land in dispute.
It is the case of the Applicant that, the Respondent entered the land and in October 2021, placed a metal container meant for business activities on the land.
Applicant contends that the conduct of the Respondent amounts to contempt and brings the administration of justice into disrepute.
The application was vehemently opposed by way of an affidavit in opposition.
The Respondent contended that he had been under the impression that the disputed land was distinct from the location of the container.
The Respondent argued that without the provision of a site plan by the Applicant and adequate description, the boundaries of the disputed land are not ascertainable.
The Respondent contends that he believed that the disputed land is the cemetery and land beyond or behind it and not the land adjacent to the cemetery and by the roadside where the container has been placed.
The Supreme Court case of The Republic v Osabarima Okoyeredom Kwadwo Sito Ex Parte: Opanin Kwadwo Fordjour Civil Appeal No. 15/2000 16th May, 2001 outlines the elements of what will amount to contempt as follows: 1. There must be a judgment or order requiring the contemnor to do or abstain from doing something.
2. It must be shown that the contemnor knows what precisely he is expected to do or abstain from doing, and 3. It must be shown that he failed to comply with the terms of the judgment or order, and that his disobedience is wilful.
It was held in The Republic v Opanin Kwame Boamah & Ors Ex Parte: Kwaku Amponsah Civil Appeal No: J4/3/2011 27th July, 2011 that: Now, since contempt is quasi-criminal and the punishment for it may take various forms, including a fine or imprisonment, the standard of proof required is that of proof beyond reasonable doubt.
The standard of proof in contempt cases is one beyond reasonable doubt as provided by section 13 (1) o