THE REPUBLIC
V.
NII DAA NYINAA-NSE II AND 4 OTHERS EX PARTE F.K.A. COMPANY LIMITED

(2015) JELR 65593 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO.H1/91/2014 ·  26 Nov 2015 ·  Ghana
CORAM
MARIAMA OWUSU (MS) JA (PRESIDING), L.L. MENSAH JA, M. M. AGYEMANG (MRS.) JA
Core Terms Beta
respondent
appellants
evidence
supreme court
learned trial judge
application
appeal
judgment
judgment of the high court
contempt of court
court of appeal
effah sarkodie
first appellant
hard labour
high court
additional ground
suit no. l401
days imprisonment
evidence of mr. frank wontumi
government land
grounds of appeal
present appeal
supplementary affidavits
committal of the appellants
customary grant
disregard of the pending application
disregard of the said judgments of the courts
favour of the respondent company
first ground of appeal
following terms
former chief of weija
high court judge
land division
matters antecedent
m. m. agyemang
new weija
order of committal of the respondents
owner of an expanse of land
owner of the said tract of land
paragraph affidavit
property of the government of ghana
purported grantees
reason of the acts of the first appellant
re effiduase stool affairs no.
review of the supreme court
said grant
said persons
second ground of appeal
such suit

AGYEMANG JA:

This is an appeal against the judgment of the High Court, Land Division, Accra wherein the appellants, convicted contemnors, were sentenced to fines as well as to the execution of bonds to be of good behaviour for two years or in default one month imprisonment with hard labour.

These are the matters antecedent to the present appeal:

The applicant/respondent (hereafter referred to as the respondent) brought an application before the High Court seeking an order of committal of the respondents/appellants (hereafter referred to as the appellants) for contempt of court. The application was supported by a twenty-one paragraph affidavit of the 9th of April 2010, and also by three supplementary affidavits dated 28th April 2010, 15th November 2010, and 1st March 2011.

The respondent is the owner of an expanse of land described as being and lying at New Weija, measuring 95.194 acres, per a customary grant of same from Nii Anto Nyame, former Chief of Weija in 1980 to its Managing Direct…

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