THE REPUBLIC vs MELODY GALENOR EX PARTE: COLLINS ADU-BOAHEN
May 12, 2025
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARY M.E YANZUH
Areas of Law
- Civil Procedure
- Evidence Law
May 12, 2025
HIGH COURT
GHANA
CORAM
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The power to punish for contempt is a judicial whip entrusted to the custodian of the justice delivery system to correct members of the public who by their actions or words deliberately seek to undermine administration of justice as noted in the case of Parashuram Detaram Sham Dasani Vrs. The King Emperor per Lord God dard [1945] AC 214.
Per an application filed on the 26th day of November 2024, the Applicant herein, prays the Court to commit the Respondent herein, for contempt of Court. The basis of the prayer is set out in the affidavit in support of the originating motion filed on the 26th of November 2024, the supplementary affidavit filed on the 13th day of January 2025 and the further supplementary affidavit in support filed on the 7th of March 2025.
The application and the supplementary affidavits were served on the Respondent through substituted service as per the orders of the court as personal service was not possible. The written submissions filed on the 18th of March 2025 was also served on the Respondent via substituted service.
According to the applicant, the Respondent instituted a matrimonial suit in the District Court La entitled Suit No. G/LA/DG/A4/95/23 titled Melody Galenor v. Collins Adu Boahen. He deposed that there is a three (3) year old child by name Chereen Obasima Adu Boahene between him and the Respondent. He states that sometime around August 2022, the Respondent, without any notice to him, left the matrimonial home to an unknown place, together with the child and failed to show him where she lived. As a result the only place he could see or have access to the child was when she attended school. He added that in the course of the suit at the District Court, he got to know that the child was living with the Respondent's alleged Auntie by name, Auntie Becky, under the Respondent's instructions. He said that when the Respondent realized that he had gotten to know where the child lived and knowing that the school was the only place he could see the child, the Respondent arbitrarily withdrew the child from the school she attended and proceeded to make the child stay at home from 21st May 2024 till the end of the last academic term.
He deposed that he accordingly applied to the court for an interlocutory order of custody for the child and reasonable access to the Respondent. The District Court upon hearing the application proceeded to make the following orders on the 7th of October 2024 "*...
AI Generated Summary
This High Court judgment by HER LADYSHIP JUSTICE MARY M.E YANZUH addresses an application by Collins Adu Boahen to commit Melody Galenor for contempt for disobeying a District Court access order concerning their three-year-old child, Chereen Obasima Adu Boahene. The application, supported by affidavits and submissions served by substituted service, alleged that after the District Magistrate’s 7 October 2024 order granting Collins reasonable access three Fridays per month, Melody persistently frustrated access by keeping the child from school or removing her to avoid pickup, despite a caution from the District Court. Applying settled Ghanaian contempt principles, the court reiterated the quasi-criminal standard of proof and the Fordjour elements: existence of an order, knowledge of its terms, and willful disobedience. Evidence, including the order (exhibit F) and Melody’s presence and participation in introducing Collins at the child’s new school, established knowledge and deliberate noncompliance. Finding the elements proved beyond reasonable doubt, the court allowed the contempt application and issued a warrant to bring the Respondent for punishment.