[2018]DLCA4658 • February 6, 2018 • Court of Appeal
IN THE MATTER OF THE REPUBLIC vs. MRS. VIVIAN AKU BROWN AND 9 OTHERS EX PARTE ODWUMA LAKES FARMS AND RURAL ESTATES AND ANOTHER
The applicants filed an application to commit the respondents to prison for contempt of court citing breaches of court orders. The application was delayed due to non-service on respondents. The 1st, 2nd, and 4th respondents raised a preliminary objection challenging the court's jurisdiction on grounds of improper service, arguing that personal service was not effected as required for contempt proceedings. The applicants had obtained an order for substituted service and effected service by posting notices at specified locations, including the Adutso Family Land Office at Abokobi near Fish Pond, where respondents regularly visit or work.
read moreF.G. KORBIEH, J.A. On the 10/5/2017, the applicants herein filed an application praying this Court to commit the respondents to prison terms for contempt of court citing various breaches of orders of the Court the respondents had committed. The application could not be moved on the return date for reasons of non-service on the respondents and the case continued to be adjourned until the 20/11/2017 when the 1st, 2nd and 4th respondents filed a notice of their intention to raise a preliminary legal objection to the application altogether. They intimated that the jurisdiction of the Court to entertain the application to commit them for contempt of court had not been properly invoked. On the 16/1/2018, this Court heard the argument for and against the notice filed by the1st, 2nd and 4th respondents. Their lawyer, Alfred Agyei-Mensah, Esq., argued as follows: the applicants have failed to invoke the jurisdiction of the Court to entertain the application to commit the 1st, 2nd and 4th resp...