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THE REPUBLIC
V.
HAIFA KYRIAKOS LABA & 2 ORS, EX PARTE, NOWFILL S. LABA

(2019) JELR 107399 (HC)

High Court 1 Jul 2019 Ghana
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- The court held that allegations of perjury—being criminal matters reserved for prosecution by the Attorney-General and requiring a higher standard of proof—cannot ground an application to strike out contempt proceedings; thus, perjury all

Case Details

Suit Number:CR/519/18
Judges:GIFTY AGYEI ADDO
Counsel:PAPA YAW OWUSU-ANKOMAH FOR THE APPLICANT. AUGUSTINE KIDISIL FOR THE 1ST AND 2ND RESPONDENTS. 3RD RESPONDENT IN PERSON.

RULING

ADDO, J.

The Applicant in this case instituted the instant action on 11th of July, 2018 to commit the Respondents for contempt of Court for allegedly flouting an Order of the Court by holding a meeting in the face of a subsisting Order restraining them from doing so.

Upon service of the application on the Respondents, the 1st and 2nd Respondents on the 23rd of August, 2018, filed a motion on notice to strike out the Applicant’s action on the following grounds:

a. That the affidavit in support of the application for committal does not clearly state the charges of committal leveled against the Applicants.

b. That the Respondent’s application for committal is an abuse of the Court process because it is missing several exhibits.

c. That the Respondent did not quote his Tax Identification Number (TIN) on his application for committal.

d. That the Respondent perjured himself in paragraphs 3, 18 and 24 of the affidavit in support of the application for contempt.

The motion to strike…

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