THE REPUBLIC vs. BEN MUSA BINEY AND 3 OTHERS EX PARTE; NANA OKOFO KOFI AMO VI [2017]DLCA4672

Date	2017-03-27
Suit No.	CIVIL APPEAL NO. 41/27/14
Citation No.	[2017]DLCA4672

HONYENUGA JA (PRESIDING)

GYAN JA

SUURBAAREAH JA

MR.CAB-ADDAE ESQ. FOR APPLICANT/RESPONDENT

MR. KOFI LAMPTEY ESQ. FOR RESPONDENTS/APPELLANTS

[2017]DLCA4672
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>BEN MUSA BINEY AND 3 OTHERS<o:p></o:p>(RESPONDENTS/APELLANTS)<o:p></o:p>EX
PARTE; NANA OKOFO KOFI AMO VI (APPLICANT/RESPONDENT)<o:p></o:p>[COURT
OF APPEAL, CAPE COAST]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL APPEAL NO. 41/27/14&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
27TH MARCH, 2017<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.CAB-ADDAE
ESQ. FOR APPLICANT/RESPONDENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>CORAM:<o:p></o:p>HONYENUGA
JA (PRESIDING), GYAN JA, SUURBAAREAH JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>SAEED K. GYAN, JA:<o:p></o:p>This
is an appeal from the judgment of the High Court, Cape Coast presided over by
His Lordship Mr. Justice Kwasi Dapaa. The judgment is dated 28th May
2013.<o:p></o:p><o:p>&nbsp;</o:p>By
the said judgment the Cape Coast High Court convicted three out of four
Respondents hauled before the said Court upon a complaint of contempt of Court
filed by the Applicant, Nana Okofo Kofi Amo VI.<o:p></o:p><o:p>&nbsp;</o:p>The
court found the 1st, 2nd and 3rd Respondents
guilty of contempt as charged and accordingly convicted them of the said
offence. The court however acquitted and discharged the 4th
Respondent on the ground that the Applicant, as prosecutor, had failed to
sufficiently satisfy the standard and burden of proof against him and therefore
settled the balance of doubt raised on the evidence before the court in favour
of the aforesaid 4th Respondent, leading to his being acquitted.<o:p></o:p><o:p>&nbsp;</o:p>It
is obvious that the substance and the real basis upon which the 1st,
2nd and 3rd Respondents were found liable and accordingly
convicted for contempt of Court find full expression in that part of the
Court’s judgment in which the Learned trial High Court Judge delivered himself
as follows:<o:p></o:p><o:p>&nbsp;</o:p>“I hold that the applicant has failed
to prove the involvement of the 4th respondent in the installation
of the 3rd respondent. He has however proved by the admission of the
1st, 2nd and 3rd respondents and by the letter
of invitation from the Judicial Committee of Enyan Denkyira Traditional Council
(Exhibit “H”) that the installation of the 3rd respondent has been
repeated at a time when the petition of the 1st,2nd and 3rd
respondents is still pending before the Judicial Committee on the very issue.
The 1st, 2nd and 3rd respondents are
accordingly found in contempt of the said Judicial Committee and I find them
guilty of contempt. Their conduct in fact extends to a disrespect and disregard
to the authority and dignity of the High Court which had convicted them for the
same offence barely three (3) years earlier.<o:p></o:p>Having regards to the fact that it is
clear from the evidence, even of the respondents, that they have once in 2008
been convicted for contempt for the same reasons as the present, the repeated
conduct exhibited by the 1st,2nd and 3rd
respondents can be nothing but a gross disrespect for the authority of not only
Judicial committee of the Enyan Denkyira Traditonal Council but also the High
Court which convicted and sentenced them to payment of fines in the first
place. In order to serve as lesson and deterrent to the respondents and others
of like mind and conduct in our communities I convict the 1st, 2nd
and 3rd respondents for contempt and sentence each of them to thirty
(30) days imprisonment in hard labour.” <o:p></o:p><o:p>&nbsp;</o:p>Being
aggrieved by and dissatisfied with the decision of the Court the 1st,
2nd and 3rd Respondents on 29/5/2013 filed Notice of
Appeal against the whole judgment on the initial ground that the judgment could
not be supported having regard to the affidavit evidence adduced at the trial.
The appellants also gave the customary notification that additional grounds of
appeal would be filed upon receipt of the record of proceedings.<o:p></o:p><o:p>&nbsp;</o:p>On
the 23rd July 2013, the Respondents/Appellants filed notice of
three(3) Additional Grounds in the manner as follows:<o:p></o:p>