THE REPUBLIC
V.
ERZOAH BEALEE @ NANA EKUMSA
V.
& 9 OTHERS EX-PARTE: NANA NYAMEKYEH ANNOR III

(2004) JELR 65395 (CA)    
Court of Appeal  ·  H1/124/2004. ·  30 Jul 2004 ·  Ghana
CORAM
OWUSU JA, ANIM JA, QUAYE JA
Core Terms Beta
order
applicant
court
appellants
application
contempt
order of the court
appeal
court of appeal
ln 140a
respondents
high court
decision
trial judge
1st respondent
2nd respondent
cases
inter alia
interpretation act
re parker davies
trial court
analysis of the component words of order
civil procedure
concluding 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
interpretation of order
interpretation of the remaining provisions of the sub-rule
last sub-rule of order
longer periods
main issues
nana nyamekeh annor ii
operative word
preliminary legal objections
record of appeal shows
respective counsel
rightful chiefs of bonyere
rules
said judgment
said rule states
turning word
view of the issues
virtue of the said decision of the court
v. tayee case

QUAYE, 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 059 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 in disobedience to an order of the Court;

(c).........................(not applicable). (emphasis 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, now respondent in this appeal, filed a motion ex-parte in the High Court for leave to attach the respondent/appellant herein for contempt found upon his alleged disobedience by the respondents, now appellants herein, of the decision and orders issued…

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