THE REPUBLIC
V.
ISAAC B. SACKEY & 2 ORS, EX-PARTE, COMMERCIAL INVESTMENTS LTD

(2019) JELR 107406 (HC)    
High Court  ·  CR/170/2018 ·  9 Apr 2019 ·  Ghana
CORAM
M.C. ABODAKPI
Core Terms Beta
applicant
respondents
land
writ of possession
2nd respondent
acres of land
reasonable doubt
1st respondent
c.e.o. of the applicant
civil contempt
composite plan
emmanuel borketey
act of resistance
affidavit of applicant
applicant s’ case
basis of the challenge
burden of proof
characteristic of contempt application
civil case
composite report applicant
contravention of a court order
criminal charge
definition of contempt
disobedience of a court order
disobedience of an order
evidence act
exhibits
further explanation
grant of part of our land
grant of the writ of possession
had complaints
ks5’ series
legal framework
material issue
order of a superior court
oswald’s contempt
peculiar facts of each case
police report
real nature of the complaint of the applicant
rebuttals of averments
respondents’ application
respondents’ favour
respondents’ prayer
simple terms
state of the land
successful applicant
support of the alleged grant
support of the averment
third material explanation


BY COURT: RULING

A) BACKGROUND

(1) This motion was filed on 21/03/2018 and the respondents are:

ISAAC B. SACKEY

SAMUEL B. ALAVANYO and

EMMANUEL BORKETEY

The applicant – ‘Kelli – Cross Kuagbenu Sachiel’ in an affidavit in support described himself as C.E.O. of the applicant/company. The complaints or grievances that provoked this action are about, acts and conducts carried out in contravention of a Court order. There is also a supplementary affidavit in support, with annexure.

(2) On the other hand, the three respondents filed two affidavits, each in opposition. There are exhibits annexed.

B) THE LEGAL FRAMEWORK AND ESSENTIAL ELEMENTS OF CONTEMPT

Contempt of Court has been differently defined by many authors and jurists and it appears the peculiar facts of each case explains what in law will constitute contempt.

In Osborn’s concise law Dictionary (by John Burke) it is defined as:

“Failure to comply with an order of a superior court,… or an act of resistance or insult to the co…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login