REPUBLIC v. FRANCIS HUSUNU & OTHERS
2012
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU, J.A (PRESIDING)
- KORBIEH, J.A
- DZAMEFE, J.A
Areas of Law
- Civil Procedure
- Contempt of Court
- Evidence Law
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appeal concerns the High Court's refusal to order the production of documents in a contempt proceeding. The High Court judge's decision was upheld, with the appellate court finding no miscarriage of justice. The jurisdiction was questioned, suggesting the case should have been handled in Koforidua.
DZAMEFE, JA
This is an appeal against the ruling of the High Court Accra dated 21st February 2011.
The brief facts of the case as given by the applicant/appellant is that sometime in 2004 he instituted a civil action at the Circuit Court, Nsawam, on behalf of the principal, one Godwin Anagbo in respect of a parcel of land at Ankwa Dobro near Nsawam .
On 30th May 2006, while PW1, the chief of Ankwa Dobro was in the witness box giving his evidence, supporters of the respondents attacked and disrupted the court proceedings. The trial judge, His Honour Kwadwo Owusu, decided not to hear the case anymore and referred the matter to the Chief Justice for another court to try the case.
Six months after this incident, when the case had not been remitted to any other court, the respondents started claiming victory and consequent upon that started conveying portions of the land in dispute to unsuspecting purchasers.
The appellant/applicant cited them for contempt on the face of the order by the court on page 19 of the record of appeal. The order states:-
“By court: - Respondents are warned to desist from such activity or face the full rigours of the law. Signed. GRP. CAPT. (RTD) M.L.K. Obeng-Ntim. Circuit Judge, Nsawam”.
The respondents told the court it was their chief and elders who gave out the applicants’ lands and they were only messengers. This statement according to the appellant made him file this motion on notice for an order for the parties to produce documents on the land subject matter of the contempt proceedings. [Page 38 of the record of appeal].
The respondents on their side said in November 2003, the appellant issued a writ of summons against them on behalf of one Godwin Anagbo at the Circuit Court Nsawam for declaration of title to a parcel of land at Ankwa Dobro near Nsawm. During the pendency of the said suit, the appellant brought an application to attach them for contempt of court. Subsequently in the contempt matter, the appellant applied to the court for an order for parties to produce documents on the land in dispute. After hearing the application the learned High Court Judge held in his ruling that;
“It would not be worth it to get the assistance of the court to call on the respondents to bring to court certain documents that the appellant thinks would aid him to prove his case. The application was therefore dismissed”.
The trial judge after listening to counsel on both sides ruled thus:-
“In the instant application to grant the p