THE REPUBLIC VS STEPHEN TETTEH OMAN & ANOR EXPARTE: NUMO TEI TETTEHGUAH
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE PATRICIA QUANSAH
Areas of Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Patricia Quansah of the High Court ‘B’ Tema ruled on an application to commit the 1st Respondent, the 1st Defendant in the pending civil suit, and the 2nd Respondent, acting President and alter ego of the Ningo Traditional Council, for contempt. The Applicant alleged that, despite a pending interlocutory injunction application and substantive claims seeking to nullify the 1st Defendant’s registration in the National Register of Chiefs and restrain his induction into the Ningo Traditional Council, the Respondents attempted to induct the 1st Respondent on 22 September 2023, which the Police stopped. Reiterating the law of contempt—including sub judice interference and the criminal standard of proof—the court found that the attempt, being prevented and causing no prejudice, did not amount to contempt. The application was dismissed; the Respondents were acquitted and discharged, with no order as to costs.
RULING ON A MOTION FOR CONTEMPT
1. INTRODUCTION[i] On the 31st October 2023, whilst there was a substantive civil matter pending between the Applicant herein and 1 other against the Respondents above named and 2 more others, the Applicant filed an application to have the Respondents committed for contempt.
The 1st Respondent is the 1st Defendant in the substantive suit and the 2nd Respondent is said to be the acting President and alter ego of the Ningo Traditional Council as well as the 2nd Defendant in the substantive suit.
2. AFFIDAVIT IN SUPPORT OF THE APPLICANT’S CASE[ii] The grounds canvassed by the Applicant in the supporting affidavit were as follows: a) That the Applicant caused his Counsel to file an application for the grant of an injunction against the Respondents during the pendency of the substantive matter as described above, and all the Defendants therein and the Respondents herein were duly served with the injunction application.
b) Whilst the substantive suit and the injunction application were still pending, the Respondent herein took steps to induct the 1st Respondent herein into the Ningo Traditional Counsel on the 22nd of September 2023. Per the Applicant, but for the intervention of the Police, the said induction of the 1st Respondent would have taken place.
c) Therefore, this attempt at admitting or inducting the 1st Respondent into the Ningo Traditional Counsel in the face of the pending suit constituted contempt. [iii] The Applicant additionally contended that the substantive suit against the Respondents sought an order directed at the National House of Chiefs to cancel or nullify the purported registration or entry of the 1st Defendant’s name in the National Register of Chiefs and a further order restraining the National House of Chiefs from inducting the said 1st Defendant into the Ningo Traditional Council among others. [iv] Subsequently, an application for interlocutory injunction was filed by the Applicant herein, and duly served on all the Defendants therein.
The 1st Defendant has also applied to have the writ set aside and same is pending before the Court.
The Applicant further contended that the Respondents admitted that they were in the process of inducting the 1st Respondent into the Ningo Traditional Council.
Per the Applicant, the attempt and the admission by the 1st Respondent that he was in the process of being inducted into the Ningo Traditional area whilst the injunction application was pending was