THE REPUBLIC VS. PEARL QUARSHIE EX-PARTE: BRIGHT MOORE QUARSHIE
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARIE-LOUISE SIMMONS (MRS.)
Areas of Law
- Family Law
- Civil Procedure
- Evidence Law
- Human Rights Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicant sought to commit the Respondent for contempt of court, alleging non-compliance with a custody order. Both parties filed relevant affidavits and exhibits. The court found the Respondent willfully disobeyed the court's order, though she argued formal decree issuance was necessary for them to act on the order. The court emphasized the best interest of the child, considering statutory and case law principles, deeming this in favor of committing the Respondent for contempt if she failed to purge herself.
RULING ON CONTEMPT
THE APPLICATION FILED AND SERVICE OF SAME
The Applicant originated this action, praying this Court to commit the Respondent, for Contempt of Court for failing to respect and act upon the Orders of the Family and Juvenile Tribunal Court C, High street, Accra given on the 2th September 2023. The said Orders given in the said judgment was for the Respondent who had been given custody of their four (4) year old son by the Court, to grant access of this child to the Applicant herein which Orders the Respondent is said to have disobeyed.
According to the Applicant in his supporting affidavit, the Respondent in flagrant disregard of the Court’s orders, refuses to pick up his calls and messages so as to be contacted to provide access.
I will later come back to provide the detailed facts leading to the making of this Order.
The application was filed on the 30th November 2023, it is supported by a 17 paragraphed affidavit in support and several annexures.
Exhibit BMQ1 Series includes, a Hearing Notice of the Family and Juvenile Court, a copy of the Maintenance and Custody Form (For Applicants), the supplementary affidavit of the Respondent (then the Applicant) at the Family Tribunal.
The Exhibit BMQ 2 Series is the response of the Applicant (then the Respondent) to the Petition at the Family Tribunal with its attachments which include series of pages of WhatsApp communication between him and the Respondent, receipts of payment of medical bills, and medial record in the name of their son.
There is also attached, receipts of payment of school fees at Desvy International School.
Exhibit BMQ3 series also comprises the Supplementary affidavit of the Respondent herein to the Applicant’s affidavit in opposition to her Petition at the Family and Juvenile Court.
This has attached to it, an application by her for a police report on a complaint of assault on her by the Applicant herein, pictures of the said abuse on her, series of call records, WhatsApp commination between her and the Applicant, receipts of payment of school fees to “The lords Foundation academy”, receipts for the payment of drugs, mobile money records, pictures of their son, and a Psychological report on her from a Police clinical psychologist. Exhibit BMQ 4 is attached to the present application as the supplementary affidavit of the Respondent (now applicant) to the application of the Respondent herein at the Family Court.
The judgment of the Family Court delivered on the 20th S