[2012]DLCA3619May 17, 2012Court of Appeal

THE REPUBLIC vs. MAJOR CLIFFORD ATTA WIRROM EX PARTE: ERASMUS QUAISON

MARFUL-SAU, JA: - This appeal is taken against the ruling of the High Court sitting at Cape Coast dated the 28th November 2011. Three grounds were formulated in the Notice of Appeal filed on the 7th December 2011 and found at page 140 of the record of appeal. The grounds are as follows:- ‘’i)The ruling/decision of the Court has effectively undermined a subsisting order made earlier on by the Court IN THE MATTER OF THE ESTATE OF JOSEPH DUMAH QUAISON(DECEASED) for the parties to lead evidence in support of their dispositions in their respective affidavits. ii) The Respondent/Appellant has not been duly served with any judgment and therefore could not be said to have wilfully disobeyed any order or judgment in any previous suit. iii)The Applicants/Respondents failed to satisfy the standard of proof as required of them by law and the Court erred in holding that the Respondent/Appellant was liable for contempt.’’ Having studied the record of appeal, I am of the opinion that the...