THE REPUBLIC VS YAKUBU & ANOR EXPARTE: GAMEL ISSAKA
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE PATRICIA QUANSAH
Areas of Law
- Civil Procedure
- Tort Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicant filed a motion for contempt against the Respondents, alleging they ignored a court judgment regarding disputed land. The Respondents argued they were unaware of the judgment due to lack of service. The court evaluated evidence and relevant laws, determining that the standard of proof for contempt was not met, mainly due to the absence of proper service of the judgment and insufficient evidence of contemptuous acts. The court also disregarded a supplementary affidavit filed without leave. As a result, the Respondents were discharged, and no costs were ordered.
RULING ON A MOTION FOR CONTEMPT
1. INTRODUCTION[i] On the 24th of February 2023, almost a year ago, the Applicant herein filed this motion to commit the Respondents herein, simply known as Yakubu and Abass for Contempt.
2. FACTS OF THE APPLICANT’S CASE[ii] The following are the grounds set out by the Applicant: a. That the Applicant initiated an action against the Respondents, who caused their Counsel to enter appearance for and on their behalf.
b. Subsequently, judgment was obtained against the Respondents herein, and even though the said judgment had not been set aside, the Respondents, in complete disregard of the judgment and the authority of the Court have gone back to the disputed land, over which the Applicant herein had obtained judgment to develop the said land.
c. Having obtained judgment against the two Respondents herein, the Applicant contended that the Respondents had no right whatsoever to go onto the land and so the Respondent herein ought to be committed for contempt and punished, otherwise, they would continue to disregard the Court’s authority by taking the law into their hands. [iii] The Applicant annexed to his supporting affidavit a copy of the writ of summons and the statement of claim as Exhibit M. A. 1, the Respondents’ notice of appearance marked Exhibit M. A. 2 and a copy of an order for default judgment marked Exhibit M. A. 3. [iv] Then on the 19th April 2023, the Applicant filed a supplementary affidavit in support of the motion for contempt, annexing copies of a Police report, in an attempt to demonstrate that the Applicant even reported the Respondents to the Police when the Respondents went onto the disputed land; as well as the Applicant’s written report(s) to the Police and some pictures, presumably of the Respondents herein on the disputed plot.
3. AFFIDAVIT IN OPPOSITION[v] After being served, both the 1st and 2nd Respondents filed their affidavits in opposition, contending that copies of the default judgment obtained against the Respondents and the Defendants therein were never served on them.
The 1st Respondent particularly averred at paragraphs 7 and 8 of his affidavit in opposition as follows: (7) That I am not aware of any order of the Court with a penal notice restraining me from doing or ordering me to do any act.
The Ap