Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
DOMELEVO; EX PARTE OSAFO MAAFO & 4 ORS.

(2020) JELR 80376 (HC)    
High Court  ·  SUIT NO. CR/0407/2020 ·  12 May 2020 ·  Ghana
CORAM
HER LADYSHIP JUSTICE AFIA SERWAH ASARE-BOTWE (MRS.)

Ratio Decidendi

Core Terms Beta
order 54a of the high court
contempt of this honourable court
honourable court
respondent’s refusal
behalf of the applicants
auditor-general’s application
contempt of court
grounds of appeal
civil procedure rules
said order
respondent raises issues of law
lawyer act
required documents
court notes of 28th february
auditor-general
honourable osafo-maafo’s contempt proceedings
case of the applicant
notice of the appropriate state institutions
accra ex parte teriwajah
attention of a person
acts of contempt of court
direction of the court
legal services
notice of appeal
registry of the commercial division of the high court
order of the honourable chief justice
accompanying affidavit
consequential orders
contempt case
mr. oppong
point of law
case
antecedents of this case
return date of 4th february
said richmond aryee
standard of proof
way of proceedings
respect of such practice
parliament of ghana
respective additional processes
further orders
statement of case
contempt proceedings
respondent’s submission
rule
judicial power
charge of finance
supplementary affidavit
prima facie case

RULING

ASARE-BOTWE J.

This is an Application brought for and on behalf of the Applicants seeking the following reliefs;

a) An affirmation that the Respondent’s refusal to file the required documents and reply to the Notice and Grounds of Appeal within the mandatorily stipulated time dictated by Rule 5(1) and (2) of Order 54A of the High Court (Civil Procedure Rules) 2004 C.I. 47 pursuant to amendment by C.I. 102 constitutes contempt of this Honourable Court.

b) An order committing the Respondent to prison; or in the alternative for the imposition of any other punishment that this Honourable Court may deem just and proper upon the grounds contained in the accompanying Affidavit in Support.

c) Consequential orders, including the setting aside of the Respondent’s said impugned decision against the Applicants.

d) And for any other or further orders that the Honourable Court will deem meet.

This Application was filed on the 20th of January, 2020 with a return date of 4th February, 2020.

The case w…

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