Ratio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
MICHEAL AMARTEY LARYEA AND 3 OTHERS
V.
EX-PARTE: NII KLU ANUM 1

(2019) JELR 65497 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO: H1/103/17 ·  22 Jan 2019 ·  Ghana
CORAM
GYAESAYOR JA (PRESIDING), HONYENUGA JA, B. ACKAH-YENSU JA

Ratio Decidendi

Core Terms Beta
contempt
capacity
applicant
person
supreme court
contempt proceedings
parties
respondents
capacity of the applicant
court of appeal
properties
act of contempt
ample evidence
appeal court
challenges
civil contempt
civil litigation
criminal matters
criminal trial
decision of the high court
dzasetse of the numo nmashie family
enjoyment of land
facts of the case
finding of the learned trial judge
first paragraph of the statement of defence
high court
high court accra
high court civil procedure rules
high degree of proof
issue of the requisite notice of the order
judge
judgment of the court of appeal
justice brobbey
notice of appeal
order of the court
part of the land
present case
reasonable doubt
respondent nii klu anum
retired supreme court judge
right person
said notice of appeal
similar case of asante appiah amponsah
subject of the dispute
trial court
trial judge
words of dotse jsc

JUDGMENT

GYAESAYOR, JA

In a ruling dated 13th day of January 2017 the High Court Accra, convicted and sentenced the respondent/appellant to five days’ imprisonment for contempt.

Not happy with their conviction and sentence for contempt, the appellants issued a notice of appeal dated 19th January 2017. The said notice of appeal is found at page 170 of the record of appeal (ROA). Additional grounds were filed and canvassed in the hearing of the appeal.

The grounds of appeal set out are as follows;-

i. The finding of the learned trial judge that the respondents had committed the act of contempt was against the weight of the evidence.

ii. The applicant failed to discharge the burden of proof on him.

iii. The judge erred by failing to address the issue of the requisite notice of the order/judgment allegedly transgressed:

a. That he failed to properly consider the nature or import of the judgment or order.

b. He failed to advert his mind to the issue of personal notice of the judgment or order to th…

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