Ratio DecidendiRatio DecidendiRatio Decidendi



REPUBLIC
V.
HIGH COURT, TEMA; EX PARTE KOFI

(1999) JELR 69514 (CA)    
Court of Appeal  ·  20 May 1999 ·  Ghana
 · 
Other Citations
[1999-2000] 1 GLR 61
CORAM
WOOD JA, BROBBEY JA, ARYEETEY JA

Ratio Decidendi

Core Terms Beta
applicant
appeal
contempt
criminal contempt
respondent
stay of execution
civil proceedings
respondent’s counsel
applicant’s counsel
contempt of court
high court
trial court
trial judge
appellate court
applicant counsel
circumstances of the case
civil procedure rules
course of the pending civil cause
criminal appeals
criminal division of the court of appeal
criminal jurisdiction
criminal offence
days of the order
definitive findings
face of the orders
firm conclusions
following pronouncement
frivolous appeal
high success rate
important fact
innocuous application
interesting procedural issue
interim order
irreparable damage
lordship taylor jsc
nature of a civil contempt
nature of a quasi-criminal offence
only point of objection
proper application ought
proper course
quasi-criminal matter
raise rule
receipt of the full record of appeal
second limb of his arguments
such ask
such express order
supreme court
supreme court decision
use of such words
writ contempt

WOOD JA

The parties in these proceedings are the parties in a suit pending before the High Court, Tema presided over by Felicity Amoah J. On 22 January 1999 she found the applicant “guilty” of contempt for having disobeyed an interim order made in the course of the pending civil cause. She made the following pronouncement with regard to “sentence”:

“I find the respondent guilty and for his contemptuous act he is sentenced to a fine of ¢3 million or in default three months imprisonment. ¢2 million of the fine when paid should be given to the applicant as compensation. The respondent is to pay the fine within ten days. He is therefore admitted to bail in the sum of ¢3 million with one surety to be justified. I award costs of ¢200,000 against the respondent.”

Within four days of the order, the applicant, in the exercise of his legitimate rights, has appealed against the ruling, ie the finding that he was in contempt of court and the sentence. He quickly followed it up with a motion for sta…

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