[2019]DLCA6313 • January 22, 2019 • Court of Appeal
THE REPUBLIC vs. MICHEAL AMARTEY LARYEA AND 3 OTHERS vs. EX-PARTE: NII KLU ANUM 1
The respondent/applicant Nii Klu Anum I, claiming to be the Dzasetse of the Numo Nmashie family, initiated contempt proceedings against the appellants for allegedly interfering with land decreed to belong to the family by the Court of Appeal in 1982. The appellants denied involvement, asserting they were not parties to the original suit and had no notice of the writ of possession. The land in dispute was part of the Ghana Broadcasting Corporation Television station at Adjancote. The appellants were convicted and sentenced to five days imprisonment for contempt by the High Court, which they appealed.
read moreGYAESAYOR, JA In a ruling dated 13th day of January 2017 the High Court Accra, convicted and sentenced the respondent/appellant to five days’ imprisonment for contempt. Not happy with their conviction and sentence for contempt, the appellants issued a notice of appeal dated 19th January 2017. The said notice of appeal is found at page 170 of the record of appeal (ROA). Additional grounds were filed and canvassed in the hearing of the appeal. The grounds of appeal set out are as follows;- i. The finding of the learned trial judge that the respondents had committed the act of contempt was against the weight of the evidence. ii. The applicant failed to discharge the burden of proof on him. iii. The judge erred by failing to address the issue of the requisite notice of the order/judgment allegedly transgressed: a. That he failed to properly consider the nature or import of the judgment or order. b. He failed to advert his mind to the issue of personal notice of the ju.....