REPUBLIC
V.
BEALEE ALIAS EKUMSA V; EX PARTE ANNOR III

(2004) JELR 63510 (CA)    
Court of Appeal  ·  30 Jul 2004 ·  Ghana
 · 
Other Citations
[2003-2005] 1 GLR 435
CORAM
OWUSU JA, ANIM JA, QUAYE JA
Core Terms Beta
order
court
application
contempt
ln 140a
order of the court
word
appeal
court of appeal
high court
ln 140a.
trial judge
alleged disobedience of the decision
cases
civil procedure
inter alia
rules
second appellant
trial court
adjourned day
analysis of the component words of order
appellant’s adahonle family
applicant-respondent
assessment of the facts
commissioners of inland revenue
concluded part of the said judgment
disobedience of a judgment of a court
disobedience of an order of the court
enforcement of a court of appeal decision
filing of the contempt application
first appellant
first judgment
interpretation of order
interpretation of the remaining provisions of the sub-rule
interstate commerce commission
longer periods
main issues
operative word
preliminary legal objections
respective counsel
respondent-appellants
rightful chiefs of bonyere
said judgment
said rule
tayee case
turning word
united states dollars
view of the issues
virtue of the said decision of the court

JUDGEMENT

Quaye JA delivered the first judgment at the invitation of Owusu JA. This appeal centrally turns on whether an application for attachment for contempt arising from disobedience of a judgment of a court is cognisable under Order 59, r 21(2) of the High Court (Civil Procedure) Rules, 1954 (LN 140A). The said rule states:

“(2) This rule applies to cases where the contempt is committed—

(a) in connection with proceedings to which this Order relates;

(b) in connection with any proceedings in Court, except where the contempt is committed in facie curiae or consists of disobedience to an order of the Court;...”

(The emphasis is partly mine.)

The parties herein are opposing factions in the chieftaincy affairs at Bonyere in the Nzema District of the Western Region of Ghana. The applicant-respondent (hereinafter referred to as the respondent) in this appeal, filed a motion ex parte in the High Court for leave to attach the respondent-appellants (hereinafter referred to as the appellants) f…

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