THE REPUBLIC vs. KWAKU KPONYO EX PARTE; CHRISTOPHER AMU AVATA

APALOO JA; This is an appeal from the decision of the High Court Denu dated 4th February 2011. The High Court Denu found the Respondent/Appellant (to be referred to as Respondent) guilty of contempt for his continuous stay on or occupation of Avata land. The trial Court imposed a fine of GH¢500.00 on the Respondent or in default 4 weeks imprisonment. It is understood that the Respondent has since paid the fine. The Applicant/Respondent (to referred to as Applicant) had in an affidavit in support of his motion for contempt stated that he was declared the owner of a piece or parcel of land situate, lying and being at Avata-Akatsi commonly known and called Avata land by three judgments. The judgments according to the Applicant emanated from the High Court Ho and Denu, and the District Court Abor. These judgments were exhibited as Exhibits A, B, and C. The applicant claimed that the Respondent had disobeyed these judgments by entering and cultivating the Avata land and by constru....