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THE REPUBLIC
V.
THE MANAGING DIRECTOR, STATE HOUSING CO. LTD. EX PARTE MRS M.Y.N. ACHIAMPONG

(2018) JELR 65309 (CA)

Court of Appeal 19 Apr 2018 Ghana
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- Appeal against a dismissal of contempt proceedings was dismissed; the trial court properly found that the underlying order was ambiguous and incapable of strict performance, precluding a finding of wilful disobedience beyond reasonable do

Case Details

Suit Number:CIVIL APPEAL SUIT NO: H1/36/2018
Judges:GYAESAYOR J.A. (PRESIDING), ACKAH-YENSU J.A., SUURBAAREH J.A.
Counsel:MRS. M.Y.N. ACHIAMPONG FOR APPELLANT,MR. KWABENA OWUSU MENSAH FOR RESPONDENT

SUURBAAREH, J.A.

This is an appeal against the ruling of the High Court, Accra, dated 5th May, 2016. The appeal has been mounted on the following grounds, filed on 6th June, 2016:

“(a) The Ruling is against the weight of the evidence provided.
(b) The judge misdirected herself as to the applicable law to the case.
PARTICULARS OF DISDIRECTION
i. The trial judge misdirected herself by ruling that the trial judge’s order in the Judgment of 25th April, 2012 that ‘An order to the defendant to provide roads, drains and “any other necessary infrastructure to be provided by a Real Estate Developer by law to facilitate the development of No. 4 School Street, Teshie-Nungua Estate within six months upon the service on the defendant of this judgment.” is uncertain/ambiguous.’
ii. Again the trial court misdirected herself as to the applicable law to the case when she ruled to the effect that ‘partial’ performance of the order of the court is sufficient to satisfy the order for the application to be d…

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