THE REPUBLIC vs JOHN KOMI SOUDI EX PARTE: SAM WHALEY & 2 ORS
February 8, 2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP FRANCIS OBIRI ‘J’
Areas of Law
- Civil Procedure
- Evidence Law
- Criminal Law and Procedure
AI Generated Summary
On May 2, 2023, the Applicants sought committal for contempt against the 1st Defendant/Respondent amidst an ongoing dispute over Word of Faith Christian School (now Foothill Christian School), a pharmacy, and other church-affiliated enterprises. Previously, on August 23, 2022, the Applicants had moved for an interlocutory injunction to restrain the Respondent and others from holding themselves out as pastors, directors, or officers of the school and affiliates, and from accessing funds and assets, pending the suit. While the injunction motion was pending and heard on April 17, 2023, the Respondent, who described himself as “proprietor,” served a termination letter on the school’s Headmaster/Director of Academic and assistant pastor, Stephen Nartey, and was accused of assaulting Nartey (the assault being the subject of criminal proceedings at the Dodowa District Court). The court rejected a preliminary objection that only an applicant may swear an affidavit in support, ruling that under C.I. 47 counsel may depose. It held that the termination letter prejudiced the pending injunction application, constituting intentional, wilful contempt of court. The Respondent was convicted, fined GHS 20,000, ordered to sign a 12‑month bond of good behaviour with default custodial terms, and costs of GHS 5,000 were awarded.