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THE REPUBLIC
V.
JOSEPH NYAMI STEPHEN & 6 ORS EX PARTE ANTHONY SAKYI

(2021) JELR 112262 (CA)

Court of Appeal 22 Apr 2021 Ghana
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- The Court of Appeal upheld the High Court’s dismissal of the committal for contempt application, finding Appellant failed to prove contempt beyond reasonable doubt, primarily due to lack of proper service and failure to establish Responde

Case Details

Suit Number:H1/219/2020
Judges:BARBARA ACKAH-YENSU J. A. (PRESIDING) ERIC K. BAFFOUR J.A. GEORGE K. KOOMSON J.A
Counsel:Applicant/Appellant present. All Respondent/Respondent present except 4th. Ezra Alabi Borquaye for Applicant/Appellant present. Ismael Kofi Turkson for Respondents present.
Location:Accra

JUDGMENT

Baffour J.A:

INTRODUCTION

The High Court did not find it meritorious to commit the Respondents/Respondents for contempt of court based on an application for committal filed by the Applicant/Appellant. Not satisfied with the decision not to commit the Respondents by the court below, the Appellant is seeking a second view of the application he filed at the High Court. The writ which gave birth to the committal proceedings in the High Court is Suit No GJ 397/2019 instituled Anthony Sakyi v. Ga South Municipal Assembly. In that suit the Applicant sought among others, a declaration that the Ga South Municipal Assembly had entered his land in an unlawful manner, an injunction and damages against the Assembly. The 1st Respondent is the District Chief Executive for the Ga South Municipal Assembly, the second, the District Engineer for the Ga South Municipal Assembly, the third and fifth, assembly members while the fourth is the member of Parliament. The parties would be referred to by t…

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