[2022]DLCA11782 • May 12, 2022 • Court of Appeal
THE REPUBLIC vs. FRANCIS YEBOAH & 5 ORS , EXPARTE JUNCHEN ENTERPRISE
Junchen Enterprise Limited obtained a Preservation Order over 5,329 packages of goods (footwear) stored in a warehouse owned by the 2nd Respondent and managed by the 1st Respondent (Licensed Auctioneer). The goods were seized pursuant to a court order in a suit against Amma Fosua. Subsequent attempts to recover the goods revealed a shortfall of 933 packages valued at GH₵667,296.00. The Applicant alleged that the Respondents acted in concert to steal or divert the goods, thereby contemptuously disobeying court orders and undermining the administration of justice. The Respondents denied the allegations, citing lack of evidence and procedural irregularities such as absence of inventory signed by them. Police investigations were ongoing regarding the alleged theft.
read moreJUDGMENT WELBOURNE This is an appeal from the judgment of the High Court dated 16th July 2020 on the subject matter of contempt of court. The main issue in this matter is whether or not the Respondents are liable to be committed for contempt of the trial court and its orders. Black Law Dictionary 7th Edition defines contempt as: 1. The act or state of despising, condition of being despised. 2. Conduct that defies the authority or dignity of a court or legislature. Contempt of court means any conduct that interferes with or undermines the administration of justice. The Supreme Court defines contempt of court as following in the Republic vrs High Court, Accra Ex-parte Laryea Mensah [1998-99] SCGLR, 360: “By definition, a person commits contempt and may be committed to prison for willfully disobeying an order of court requiring him to do any act other than the payment of money or abstain from doing same act, and the order sought to be enforced should be unambiguous and must .....