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THE REPUBLIC v. SOWAH BANKADI & ANOTHER

2012

HIGH COURT

GHANA

CORAM

  • DENNIS ADJEI

Areas of Law

  • Civil Procedure
  • Evidence Law

AI Generated Summary

Justice Dennis Adjei, JA, considered an application to commit respondents for contempt in relation to a land dispute at Dzan Ayor tied to proceedings in the District Court, Madina–Accra. The applicant said the 1st respondent defied a pending interlocutory injunction application by re-entering or reselling the land and allowing construction, while the 2nd respondent, described as a purchaser or trespasser, was not served. The court emphasized that contempt has a penal character and requires proof beyond a reasonable doubt, with particulars stated like a charge sheet. The supporting affidavit was found confused and non-specific, failing to identify a clear contemptuous act by the 1st respondent; alleged resale did not necessarily violate an injunction application aimed at restraining development. The application was dismissed for want of proof, and the court added, obiter, that a void judgment is binding until set aside.

JUDGMENT