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REP.
V.
HIGH COURT EX PARTE LARYEA MENSAH

(1998) JELR 109700 (SC)

Supreme Court 19 Jul 1998 Ghana
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- This case involves an application for certiorari to quash the ruling of the High Court convicting the applicant for contempt of court. - The applicant was convicted for contempt for refusing to be bound by a judgment of the Court of Appea

Case Details

Judges:Bamford-Addo, JSC.
Counsel:Robert Kpatsa (holding the brief of Sam Okudzeto) for the applicant. Ben Annan for the respondent.

JUDGEMENT

Bamford-Addo JSC. Delivered the ruling of the court. This is an application for certiorari by the applicant, Seth Laryea Mensah, to quash the ruling of the High Court, Accra, dated 30 July 1997, delivered by Gyamera-Tawiah J, convicting the applicant for contempt of court. The applicant was bonded over to be of good behaviour for one year or in default six months’ imprisonment with hard labour. In addition, he was fined ¢1 million and costs of ¢300,000 was also imposed on him. The ruling complained of, formed part of the record of the court proceedings and contains reasons for the decision reached by the said High Court in the contempt case. The grounds for the application for certiorari are that:  

 “(1) His lordship, Mr Justice Gyamera-Tawiah, sitting at the High Court, Accra acted per incuriam and fell foul of the law when he convicted the applicant for contempt of court and sentenced him to a fine of ¢1 million and costs of ¢300,000 and in effect prohibited the applicant f…

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