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THE REPUBLIC
V.
THOMAS ASARE EX-PARTE: NAA TWAA KOFI

(1999) JELR 64990 (CA)

Court of Appeal 20 May 1999 Ghana
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Suit Number:CIVIL MOTION NO. 90/99
Judges:WOOD (MRS.) JA, PRESIDING BROBBEY JA., ARYEETEY JA

WOOD (MRS), JA.

The parties in these proceedings are the parties in a suit pending before the Tema High Court, Civil Division presided over by Mrs. Felicity Amoah J. On the 22nd of 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 3 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 10 days. He is therefore admitted to ball in the sum of ¢3 million with one surety to be justified. I award cost of ¢200,000.00 against respondent.”

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

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