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THE REPUBLIC v. JOSEPH NYAMI STEPHEN & ORS

2021

COURT OF APPEAL

GHANA

CORAM

  • ACKAH-YENSU J. A. (PRESIDING)
  • BAFFOUR J.A.
  • KOOMSON J.A

Areas of Law

  • Civil Procedure
  • Evidence Law
  • Administrative Law
  • Constitutional Law
  • Property and Real Estate Law

AI Generated Summary

Anthony Sakyi sued the Ga South Municipal Assembly in Suit No GJ 397/2019 seeking declarations of unlawful entry onto his land, an injunction, and damages. He later filed for committal for contempt against various municipal officials and a Member of Parliament, alleging they broke his wall, encroached twenty feet into his property, and persisted in works despite police intervention. The respondents argued they were non-parties and had not been served with any injunction or committal application, noting parliamentary service privileges. They described the area as a public access road under a government project with Amandarich Company Ltd through the Department of Feeder Roads, and said the Assembly removed unauthorised obstructions because Sakyi had no permit. The High Court dismissed the committal for failure to prove contempt beyond reasonable doubt. On appeal, the Court of Appeal rejected preliminary objections, found service defective (including a void substituted service order), emphasized the quasi-criminal standard of proof, relied on section 97 of Act 936 on municipal enforcement, and dismissed the appeal, awarding GH₵20,000 costs.

JUDGMENT