THE REPUBLIC
V.
ESSASOHENE NANA BOAKYE AGYEMAN EX PARTE NANA KWAKU NSIAH

(2016) JELR 65573 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO.: H1/55/2014 ·  29 Feb 2016 ·  Ghana
CORAM
E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO (MRS.), JA, ANGELINA M. DOMAKYAAREH (MRS.) JA
Core Terms Beta
respondent
order
trial judge
injunction order
reasonable doubt
district court
high court
standard of proof
conduct of the respondent
contempt of court
fresh suit
interlocutory injunction
order of interlocutory injunction
support of the motion
totality of the evidence
allocation note exhibit c
appellant’s application
authority of the court
basis of the sole ground of appeal
burden of proof of those defences
case of the appellant
civil procedure
consent of the parties
disobedience of a court order
district magistrate court
district magistrate court grade
exhibit c appellant
ex parte ameyaw no.2
final determination of the suit
high court judge
high court suit
magistrate court
matters of legal consequence
order committal
particular cause
particular issue
proof of its continuous existence
quasi-criminal offence
refusal of the high court
republic vrs numapau
republic vrs sito
respect of a parcel of land
strong view of the fact
sufficient evidence
sum total of the written submission of the respondent
suo motu
trial court
true state of events
valid order of interim injunction
violation of the order

AYEBI, JA

1. This is an appeal against the refusal of the High Court to uphold the applicant/appellant’s application which cited the respondent/respondent for contempt of court. The application was brought under Order 50 rule 1 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47). According to the appellant, in 1991, the respondent, as Essasohene and Nana Akosa Yiadom as Amakomhene, sued him and two others in respect of a parcel of land at the District Magistrate Court Grade 1, Kumasi. Appellant said they as defendants therein counter-claimed for the land claimed by the respondent and the Amakomhene - and then brought an application for an order of interlocutory injunction to restrain the plaintiffs therein from interfering with the possession of the land until the final determination of the suit.

2. On 14th April 1993, the Magistrate Court granted their application and accordingly restrained the plaintiffs therein. It is the case of the appellant that the respondent and others hav…

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