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THE REPUBLIC
V.
GEORGE ODIASE & 5 ORS (RESPONDENTS) EXPARTE GLORIE OSAFO AGYEMANG-DUAH & ORS APPLICANTS

(2019) JELR 65210 (HC)

High Court 28 May 2019 Ghana
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- The case involves a contempt application where the applicants are seeking permission to examine the respondents. - The application is based on the fact that the respondents have denied the contempt allegation in their affidavits. - Counse

Case Details

Suit Number:SUIT NO. MISC 22/2019
Judges:HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE
Counsel:KWASI AFRIFAH COUNSEL FOR THE APPLICANT,ACE ANKOMAH FOR THE RESPONDENTS WITH GOLDA DENYO AND ESI QUARGRAINIE PRESENT

On 20th May, 2019 when the instant contempt application came up for hearing, Kwasi Afrifa Esq. counsel for the applicants herein prayed the court for permission to examine the respondents herein. Counsel submitted that the application is grounded on the fact that the respondents per their various affidavit in opposition have denied the contempt allegation.

Learned counsel further submitted that the application is founded on the Supreme Court case of Kojach Limited v. Multi Choice (Ghana) Limited [2013/14] SCGLR 1494, Holding 1 where the court held:

“It must be pointed out that in virtually all interlocutory applications that come before our courts, evidence in support would be in the nature of affidavit evidence as required under Order 19 Rule 4 of the High Court (Civil Procedure) Rules 2004 CI 47. In the normal course of determining interlocutory applications the courts would rely on the affidavits filed together with exhibits, if any. However, if any of the parties to the application …

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