THE REPUBLIC VS GLADYS ANKOMAH EX PARTE: ALFRED NOBLE ASIAMAH
2018
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Civil Procedure
- Evidence Law
- Family Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the High Court, the Applicant—father of Christabel Antwiwaah Asiamah and Joshua Asiamah—sought to commit Respondent Gladys Ankomah for contempt, alleging she wilfully disobeyed a 25 July 2017 Family and Juvenile Court B order that granted him custody and afforded Ankomah reasonable access. He claimed personal service of a formal decree (Exhibit C), asserted Ankomah disparaged the lower court’s ruling and warned him off the children, and submitted an audio recording (Exhibit D) of an incident at the Madina District Police Station. Ankomah opposed, admitting service but arguing the decree was defective because it did not state the order’s content, denying insults or any intent to defy, and averring she had already given custody. Applying established contempt standards and the beyond reasonable doubt burden, the court held the Applicant failed to dislodge her denial with further evidence and dismissed the application, making no order as to costs.
The Applicant on 24th January, 2018, instituted the instant action for the committal of the Respondent, Gladys Ankomah, to prison by this Court for her wilful and continued disregard of the authority of the Family and Juvenile Court B, Accra, by reason of her refusal to comply with the Order of the court as contained in the Decision of the court dated 25th Day of July, 2017. According to the Applicant, he filed an application at the Family and Juvenile Court B Registry, Accra, for the award of custody of his two children (Christabel Antwiwaah Asiamah and Joshua Asiamah) with reasonable access granted to the Respondent, their biological mother.
A copy of the said application is attached as Exhibit „A‟. The Applicant states further that on 25th July, 2017, the court presided over by His Worship, Kwame Ohemeng-Mensah, granted the application by giving custody of the two children to him, with reasonable access granted the Respondent.
A copy of the said Decision is attached as Exhibit „B‟. The Applicant further states that a formal decree of the said Decision was served personally on the Respondent, per Exhibit „C‟. According to the Applicant, the Respondent, despite having notice of the Decision of the court below, has wilfully and blatantly failed to comply with the Order contained therein.
The Applicant further says that the Respondent has described the Decision of the court below as tainted with bias and has warned the Applicant to stay away from the children if he wanted his peace of mind.
It is also the case of the Applicant that he went to the Respondent‟s office at Madina District Police Station, Accra, in December 2017 to ask the District Commander, to impress on the Respondent to allow the children to live with him as ordered by the court.
That this gesture resulted in insults being rained on him by the Respondent.
The Applicant herein states that the events of that fateful day are contained in an audio recording which he attached to the affidavit in support of the application as Exhibit „D‟. The Applicant therefore concludes that the Respondent is wilfully violating the Order of the court below and is therefore clearly in contempt of court.
The Respondent, per her affidavit in opposition filed on 2nd February, 2018 has vehemently opposed the application stating as follows: That indeed she was served with the formal decree of the court (Exhibit „C‟). However, the said Exhibit „C‟ is defective in that it does not disclose the content of the Deci