THE REPUBLIC vs MADAM DORA & 9 ORS EX PARTE: FRANCIS KOFI MENSAH
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE JOHN-MARK NUKU ALIFO “J”
Areas of Law
- Criminal Law and Procedure
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved a Motion for Contempt filed by the Applicant against 15 Respondents for allegedly disobeying a court judgment. The Respondents claimed they were not parties to the original judgment and had no knowledge of it. The Court concluded the Applicant failed to prove the Respondents were notified of the judgment, as required to hold them in contempt. Therefore, the application was dismissed, and costs were awarded against the Applicant.
INTRODUCTION
The Applicant filed a Motion for Contempt the on 11 th April, 2023 against 15 Respondents.
In the Applicant’s Motion paper, he pleaded the Honourable Court for an order to commit the Respondents for contempt for allegedly disobeying and disrespecting the Court judgment against the 1 st and 2nd Respondents.
On the 11 th of May 2023, the 4th, 5th, 6th, 7th, 8th, 10th, 11th, 12th, 13th and 14th Respondents filed their Affidavits in Opposition to the Motion for committal for contempt.
This Court reckons all the 10 Affidavits in Opposition is replete with assertions that the Deponents do not to know any of the parties to the Judgement for which Applicant seek to commit the Respondents for contempt, neither were they served with an Entry of Judgment.
Applicant by a Supplementary Affidavit filed on the 5 th of June 2023 maintained by referring the Court to his Exhibit C of his Affidavit in Support that the Respondents were served with the Entry of Judgement on th October, 2022. Meanwhile, on the 6 th of June 2023, Counsel for Respondents filed a Motion to withdraw his services as Lawyer for the 3 rd Respondent as he did not instruct Counsel and he was inadvertently listed in the Notice of Appointment of Lawyer filed on 5 th May, 2023. rd The Court granted the application taking cognizance of the fact that the 3 Respondent was deceased as per paragraph 2 of the Applicant’s Affidavit in Support of his Motion for Committal for Contempt.
On the 26 th June 2023, this Court granted Applicant`s Motion filed on 19th June, 2023 to discontinue the Application against the 1 st, 2nd, 3rd, 10th and th Respondents.
By this is order of 26 th June, 2023, the current Application is against 10 Respondents being the 4 th, 5th, 6th, 7th, 8th, 9th, 11th, 12th, 13th and 14th Respondents.
CASE OF THE APPLICANT Applicant on the 15 th of August 2023 filed his Statement of Case in support of the Application.
It is the case of the Applicant that on the 21 st December 2017, the Applicant caused to issue a Writ of Summons and Statement of Claim directed at three (3) Defendants namely John Koomson, Francis R. Arthur and Opanyin Kwame Enyan at the Circuit Court, Cape Coast claiming the following reliefs; a. Declaration of Title b. Damages c. Recovery of possession of the disputed land at Mankessim.
On 19 th June, 2022, the Court gave judgment against Defendants therein on the reliefs endorsed on Applicant`s Writ.
On 4 th November, 2022 the Court granted the Applicant