[2025]DLCA18404 • May 29, 2025 • Court of Appeal
THE REPUBLIC vs. COLLINS ANOKYE AND PRINCE MENSAH & 18 OTHERS , EX PARTE: ACHEAMFOUR GROUP LIMITED & 4 OTHERS
The case concerns an objection by the 1st and 2nd Respondents/Applicants to a supplementary affidavit filed by Mrs. Sara Baah Acheamfour in support of a pending contempt application. The Applicants contended that the supplementary affidavit was filed without leave of court, violating procedural rules, and sought to have it struck out. The Respondents argued that leave was not required under the applicable procedural rules and that the supplementary affidavit was necessary to bring to the court's attention a ruling by a differently constituted court.
read moreRULING MENSAH-HOMIAH, JA It is provided under Order 50 rule 3(3) of the High Court (Civil Procedure) Rules, 2004 (C.I.47) that: “Without prejudice to the powers of the Court under Order 16 rule 7 no grounds except the grounds set out in the affidavit in support of the motion shall be relied upon at the hearing of an application for an order of committal.” It is also provided under Order 16 rule 7(1) of C.I. 47 as follows: “For the purpose of determining the real question in controversy between the parties or of correcting any defect or error in the proceedings, the Court may, at any stage of the proceedings either of its own motion or on the application of any party, order any document in the proceedings to be amended on such terms as to costs or otherwise as may be just and in such manner as it may direct.” In practice, many practitioners, and indeed, courts, have interpreted the above rules to mean that, without leave of court, a party to a contempt application cannot...