ANARFI AND OTHERS
V.
SAMAPA

(1992) JELR 65524 (HC)    
High Court  ·  27 Apr 1992 ·  Ghana
 · 
Other Citations
[1992] 2 GLR 201
CORAM
QUAYE J.
Core Terms Beta
order
defendant
court
case
instant case
order of the court
l.n. 140a
memorandum
mr. ahenkorah
accounts of her administration
court of appeal
english case
process of execution
above cited case
authorities
azu crabbe c.j.
civil procedure
contention of mr. anyadi
course of justice
defendant contemnor
defendant-respondent
deliberate attempt
ex parte allotey
ghana commercial bank
ghanaian authorities
ghanaian context
ghanaian decisions
ghanaian situation
high court
issue
issue of service of the order
knowledge of any kind of the court
knowledge of the affected party of the order
known situation
light of the english decision
main distinction
main grounds
personal service
plaintiff applicants
present application
punishment of the person
quaye j.
real reason
reason of the omission
said defendant
said rule
service of the judgment
similar situation
states
support of this contention counsel

QUAYE J.: On 10 September 1991 her Lordship Lutterodt J. (as she then was) made an order upon the defendant-respondent (hereinafter referred to as the defendant) to file accounts of her administration/management of the estate of the late Attafuah Agyemang Anarfi. The defendant had 30 days within which to comply with the order which was served upon her personally on 18 September 1991. When the defendant failed or refused to comply with the order of the court, the present application for attachment was brought against her, pursuant to leave granted on 12 February 1992.

This application has been vehemently resisted by the defendant contemnor. The main grounds urged on this court by Mr. Ahenkorah, counsel for the defendant, are that the order alleged to have been breached was not served in accordance with Order 41, r.6 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) in that the order that was issued out and served on the defendant omitted the memorandum to the said rule 6. It w…

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