THE REPUBLIC vs. DR. KWAME DUFFOUR EX-PARTE: NICHOLAS EDWARD ASARE

The case arises from a prior unanimous Supreme Court judgment delivered on 7th June 2006 in Civil Appeal No. J4/25/2005 involving Nicholas Bernard Asare and Dr. Kwame Duffour among others. The Supreme Court declared Dr. Kwame Duffour a shareholder holding 50% of the issued share capital of the first appellant company, invalidated certain unregistered company regulations, and declared the purported removal of Dr. Duffour as director unlawful and void. The Court of Appeal had also ordered that the applicant's name be entered in the Register of Members and that he be paid directors' fees discontinued due to his removal. The present application concerns alleged contempt by Dr. Duffour for failure to comply with these orders.

ATUGUBA, J.S.C.: This is an application for committal, for contempt of this court, allegedly committed by the respondent, Dr. Kwame Duffour. The grounds for the application are mainly contained in paragraphs 2, 4 and 5 of the applicant’s supporting affidavit. They are as follows: “2. That on 7th June 2006, this Honourable Court gave a unanimous judgment in Civil Appeal, No. J4/25/2005 entitled: Nicholas Bernard Asare - Plaintiff/Applicant/Respondent Vrs 1. Dupaul Wood Treatment Co. (Ghana) Ltd 2. Dr. Kwame Duffour - Defendants/Respondents/Applicants 3. X X X 4. That in its said judgment (page 26) this Court, after a very careful and exhaustive examination of the evidence made 3 declarations, namely: 1. a declaration that the respondent is a shareholder and a member of the first appellant and holds 50% of its issued share capital; ...