THE REPUBLIC v. NANA KWADWO APPIAH & ORS EX-PARTE: NANA HOWARD MANU

GYAESAYOR J.A. :-.

This is an appeal against the ruling of the High Court, Cape-Coast dated 26th January, 2009 convicting and sentencing respondents/appellants to various fines.The respondents now appellants in this court, unhappy with their conviction filed this appeal on 12th February, 2009 challenging the entire ruling.

The notice of appeal set out the grounds of the appeal as well as the relief sought from the court.Grounds

a. That the ruling is against the weight of affidavit evidence.

b. That the learned trial judge failed to appreciate that although this was a civil contempt the burden of proof was as required in a criminal trial i.e. proof beyond reasonable doubt, and gave an erroneous decision.

c. That the learned trial judge failed to realize that since the applicant claimed that the respondents have flouted the judgment of the High Court dated 20th April,2005, it was incumbent on the applicant to prove where exactly the respondents had breached the order of injunction.

d. That the learned trial judge erred in holding that merely being aware of a judgment was sufficient to constitute contempt and that the 2nd respondent can now not be heard to say that without a properly drawn up plan, it will be impossible to determine whether the 1916 judgment has been flouted.e. That the learned trial judge failed to appreciate the case put up by the 2nd respondent.

His statement that an attempt to demarcate the boundary failed because there was no connection between the Famado Stream and Osumdanpam was not controverted, and without a demarcated boundary there can be no certainty about the judgments relied upon to found contempt; more especially since this is the boundary between the Dunkwa Stool and the Ayanfuri Stool.f. That the fines of GH10,000.00 imposed on the 2nd respondent and GH5,000.00 on each of the other respondents are harsh and excessive.g. That the order cancelling all sale transactions without notice to the parties involved cannot stand and must be vacated.Relief Sought That the ruling of the Court below and the fines and orders made be set aside and judgment entered for the respondents.Person directly affected by the appeal Nana Howard Manu now known as Nana Nuako III, Chief of Dunkwa.

The 1st Respondent/Appellant is the Chief of Ayanfuri, while the person to be directly affected by this appeal is Nana Nuako III,Chief of Dunkwa known is private life as Nana Howard Manu.Sometime in 1916, there arose a land dispute between the people of