THE REPUBLIC VS HENRY OPPONG DWAMENA EX-PARTE: GLORIA NYANTEH
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Civil Procedure
- Evidence Law
- Probate and Succession
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court contempt application arose from a family property dispute involving Gloria Nyante and her nephew, Henry Oppong Dwamena. Gloria alleged that after a District Court, presided over by Her Worship Victoria Akua Ghansah on 7 June 2016, directed Henry to hand keys to rooms belonging to Gloria and her siblings and to remain only in his father’s room, Henry later changed the locks to those rooms. The court reviewed Exhibit A (the District Court proceedings), holding that its directives were orders, including a continuing order restricting Henry’s occupation, enforceable despite not being formally drawn up because Henry had notice. However, contempt is quasi-criminal, requiring proof beyond reasonable doubt. Henry denied changing locks and said occupants remained; Gloria offered no further evidence to dislodge the denial. The application was dismissed and costs awarded to Henry.
The Applicant on the 30th of January, 2019, mounted the instant action against the Respondent for an order of this Court to commit the Respondent to prison for contempt of court.
THE CASE OF THE APPLICANT The Applicant’s claim is contained in the affidavit in support of the application filed on the 30th of January 2019 and the supplementary affidavit filed on the 14th of March 2019, which state as follows: According to the Applicant, the property, which is the subject matter of the instant application, belonged to her father.
That the said house devolved jointly on the Applicant and her siblings, upon the death of their father.
It is also the Applicant’s case that, her brother, who is the father of the Respondent, had been monopolizing and physically denying her access to the property.
The Applicant says also that the father of the Respondent in addition, has placed the Respondent in the said house.
The Applicant continues that the matter eventually ended up at the District Court and on 7th June 2016, the court presided over by Her Worship Victoria Akua Ghansah (Mrs. )ordered the Respondent to hand over the keys to rooms belonging to the Applicant and her siblings, which Order he complied with in open court.
Exhibit “A” is a copy of the proceedings of the court on the said date.
The Applicant continues that subsequent to handing over the keys, the Respondent went to the property and changed all the locks thereon, rendering useless the keys he had given to her in court.
The Applicant says further that notwithstanding the fact that the Order was not formally drawn and served on the Respondent, the Respondent cannot deny knowledge of the Order by reason of the fact that he was present in court when the Order was made.
That the Respondent cannot also allege that he did not understand the order, having complied with same in open court.
Per paragraph 8 of the supplementary the affidavit of the Applicant, she states that the said property was due to be sold and the proceeds distributed among the children and the widow her deceased father.
That they are unable to sell the property as a result of the refusal of the Respondent to vacate same.
The Applicant concludes that the Order of the Court directed at the Respondent to hand over the keys to the property meant that the Respondent was to have no dealings whatsoever with the rooms in dispute, which Order the Respondent had disobeyed by changing the locks and for which reason he should be punished by thi