REPUBLIC v. NANA KWASI AFREH II & OTHERS
2015
COURT OF APPEAL
GHANA
CORAM
- ADJEI (J.A.) - PRESIDING
- SOWAH (J.A.)
- KWOFIE (J.A
Areas of Law
- Civil Procedure
- Contempt of Court
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Respondents were initially convicted for contempt by the High Court for failing to return certain items as ordered. The subsequent appeal focused on procedural irregularities and the lack of a specified timeframe in the original judgment. The Court of Appeal found that civil contempt should follow civil procedural rules and not criminal, deemed the omission of a specified timeframe as a critical error, and held that the conviction itself was wrongful. It ultimately set aside the 30-day imprisonment sentence and allowed the appeal.
ADJEI, J.A:
On 6th June, 2014, the Respondents/Appellants (who would be referred to this appeal as “the Appellants) filed an appeal against the decision of the High Court, Hohoe delivered on 29th May, 2014. The High Court in its said judgment convicted the Appellants for contempt and sentenced each of them to thirty (30) days imprisonment.
The facts of the contempt application which culminated in this appeal were that on 25th October, 2014 the High Court sitting at Hohoe made an order compelling the Respondents to return the black stool and other stool paraphernalia of Pai to the Stool house and in possession of the 1st Applicant/Respondent (who would be referred to in this appeal as the 1st Respondent). The Appellants failed to carry out the orders of the High Court and the Respondents brought an action for committal against them for contempt and dissatisfied with the conviction and sentence, the Appellants appealed to this Court to reverse the said Order of the trial High Court.
The Appellants filed their notice of appeal as if it was a criminal appeal. The Court of Appeal Rules 1997 (C.I.19) provides specimen for civil and criminal appeals. They are different in nature as could be discerned from Civil Form 1 and Criminal Form 1 contained in C.I. 19. The position of the law is settled that civil contempt is a civil matter and therefore regulated by the High Court Rules and appeal against it to the Court of Appeal is equally regulated by Civil Appeal.
The fact that the standard burden of proof in contempt matters is the same as that of criminal matters does not make it a Criminal Offence. Civil Contempt is a quasi-criminal matter and regulated by Civil Procedure rules and not Criminal Procedure. This position was stated in the case of R vs. OB[2012] EWCA Crime 67,[2012] NLJR 682,the Court held that a civil contempt may result in punishment by way of committal to prison but will not make it any less a civil matter.
However, we are of the view that once the appeal was filed within time, the Court has to consider its substance and not the form and treat it as a civil appeal. We shall invoke Rule 63 of C.I. 19 which is a provision of universal application and waive the irregularity. Rule 63 of C.I. 19 provides thus:
“Where a party to the proceedings before the Court fails to comply with these Rules or with the terms of an order or the directions given or with a rule of practice or procedure directed or determined by the Court, the failure to comply