THE REPUBLIC VS MARY ANKRAH & ORS
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP FRANCIS OBIRI ‘J’
Areas of Law
- Civil Procedure
- Contempt of Court
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicants filed a motion to commit Respondents to prison for contempt of a Circuit Court judgment from September 2022. The court analyzed whether Respondents willfully disobeyed orders related to abating a nuisance and building specific facilities. Applicants alleged deliberate non-compliance, but Respondents claimed adherence and cited Applicants' obstruction. The court found insufficient proof beyond a reasonable doubt of willful disobedience by Respondents, noting that contempt must be proven with the same rigor as a criminal case. Consequently, the court dismissed the contempt application and awarded costs to Respondents.
On the 5th of December 2022, the Applicants filed a motion before this court.
The motion is praying the court for an order of committal to commit the Respondents herein to prison for contempt of the judgment of the Circuit Court, dated 20th September 2022 in suit number C4/24/16 entitled; ISAAC ADDO, MESSIAH ANKRAH v. MARY ANKRAH, DEBORAH ANKRAH, ABIGAIL ANKRAH and ELIZABETH ANKRAH as per the grounds contained in in the accompanying affidavit.
The motion is supported by affidavit and exhibits.
I wish to reproduce the relevant paragraphs of the affidavit in support in this judgment.
3. That on 20th of September 2022, the Circuit Court delivered judgment in Suit No. C4/24/16 titled ISAAC ADDO, MESSIAH ANKRAH v. MARY ANKRAH, DEBORAH ANKRAH, ABIGAIL ANKRAH and ELIZABETH ANKRAH (Exhibit A)4. That in delivering the judgment of the Circuit Court, the learned Judge made the following Orders: I. “The Court hereby orders the Defendants to liaise with officials of the Environmental Health Department of Accra Metropolitan Authority to abate the nuisance by constructing a shed and chimney at a location on the premises to be determined by the Head of the Environmental Health Department and his Officers.
This Order is to be complied with within two months from today, that is by 20th November 2022. II.
In the interim, the Defendants are to liaise with the officials of Environmental Health Department of the Accra Metropolitan Authority to see how best to abate the nuisance whilst the shed and the chimney are being constructed.
This is to ensure, that further inconvenience caused to Plaintiffs and other inmates of the property by Defendants are brought to a minimum until the shed and the chimney are constructed.
The Court also orders Defendants, to cease all activities in the commercial preparation of Kenkey which blocks access of vehicles into the compound of the property through the main gate.
The Court further orders Defendants, to restrict their commercial preparation of Kenkey to the shed and the chimney after the said structures have been constructed”. 5. That it is our respectful contention that the Orders of the Circuit Court in particular paragraphs (i) and (iii) have been woefully breached by the Respondents herein and they are in contempt of the Honourable court.
6. That the Respondents have wilfully refused to abate the nuisance since they have without the consent and approval of the Head of the Environmental Health Department, proceeded to construct