THE REPUBLIC VS GERALDO DE-LIMA EX PARTE: PATRICIA AKUA ASANTE
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP FRANCIS OBIRI ‘J’
Areas of Law
- Family Law
- Contempt Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicant moved the court seeking to hold the Respondent in contempt for flouting the court’s order on custody arrangements. The Respondent resisted the application with claims of compliance and highlighting ambiguities in the orders. The court determined that the Respondent wilfully disobeyed clear orders relating to custody, NHIS registration, and other child-related matters, except the payment of maintenance fees. The court found the Respondent guilty of contempt and imposed a fine of GH¢10,000 or 30 days imprisonment in default, alongside other penalties and costs to be paid to the Applicant. Key legal principles on contempt, its proof, and compliance with court orders were reiterated in the judgment.
On 17th June 2022, the Applicant filed a motion before this court for an order to commit the Respondent for contempt of Court as per the grounds stated in the supporting affidavit.
I hereby reproduce the relevant paragraphs of the affidavit in support in this delivery.
3. That the Respondent and I were in amorous relationship out of which we have one issue namely; Dzidzorli Kofi De-lima aged 6 years.
4. That I initiated a maintenance action against the Respondent and on 21st day of July, 2021, the Family and Juvenile Court granted custody of the issue to me, amongst other reliefs. (Attached hereto is copy of the Court’s judgment marked as exhibit A series). 5. That the Respondent defied the orders of the Honourable Court, hence I instituted a different maintenance action against the Respondent and on 6th of April 2022, the Family and Juvenile Court, Accra granted custody of the issue to me, amongst other reliefs. (Attached hereto is copy of the court’s judgment marked as exhibit B series)6. That further to the above, the Honourable Court granted reasonable access to the Respondent.
7. That after the judgment, the Respondent picked the issue up to and from school.
8. That however, since 10th May, 2021, the Respondent has deliberately denied me access to our issue and all efforts made by me to achieve same have proved futile.
10 That I made a report at the Tesano Police Station, Accra where the Police impressed upon the Respondent to return the issue to me.
11. That the Respondent has failed to return the issue despite several attempts made by me to get the Respondent to return the issue to me.
12 That among other reliefs granted by the court is an order for the Respondent to maintain the issue with an amount of GH¢300. 00 and to discuss with me before changing the issue’s school should he have an issue with same.
13 That the Respondent failed to pay for the maintenance fees and also changed the issue’s school without informing me.
14 . That the Respondent is well aware of the orders of the Honourable Court, but has deliberately refused to comply with same 15 . That I am advised by counsel and verily believe same to be true, that the actions of the Respondent are in direct breach of the orders of the Family and Juvenile Court, Accra as contained in exhibit A and B series, and also amount to disobeying the court and subjecting the orders of the court to ridicule.
The Respondent resisted the application by filing affidavit in opposition.
The r