[2015]DLSC3233 • June 4, 2015 • Supreme Court •
THE REPUBLIC vs. HIGH COURT, JUDGE KUMASI EX-PARTE: HANSEN KWADWO KODUAH
The applicant, Hansen Kwadwo Koduah, was committed for contempt by the High Court, Kumasi, for allegedly disobeying preservation orders relating to machinery subject to litigation. The High Court fined the applicant and ordered the return of the machinery or payment of its value. The applicant challenged the ruling, contending jurisdictional errors and excessive sentencing.
read moreAKOTO-BAMFO JSC.:- On the 19th of January 2015, Adzagli J sitting at the High Court in Kumasi, in giving a ruling in a motion on notice for an order committing for contempt the applicant herein and I other, delivered himself thus: “If it is for the sake of monetary gain that the 1st Respondent went beyond his professional duties to commit such grave contemptuous acts, it will be the unpleasant duty of this Court to deny him the fruits of that unlawful venture to serve as a deterrent. For this reason the Respondents are each sentenced to a fine of GH¢50,000.00 or in default 3 months imprisonment each. I further order the Respondents to return all the machinery the subject matter of the preservation order to the place of preservation within 2 weeks if this has not already been done or pay the sum of GHC 1,500,000.00 being the cost of the said machinery.” The applicant registered his protest against the orders of the High Court by promptly filing, firstly, a Notice of Appeal and...