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THE REPUBLIC
V.
NUMO MOSES TETTEY-GA & 3 ORS EX PARTE DAVID DOMALEY AKPORYO & 2 ORS

(2024) JELR 112828 (CA)

Court of Appeal 21 Nov 2024 Ghana
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- This case involves an appeal against a decision of the High Court in contempt proceedings. - The appellants were convicted of contempt of court and sentenced to a fine or prison term. - The dispute revolves around the Lomobiawe clan of Ad

Case Details

Suit Number:SUIT NO. H1/215/2019
Judges:ANTHONY OPPONG, JA (PRESIDING) CYRA P. KORANTENG, JA (MRS) DR. OWUSU DAPAAH, JA
Counsel:STEPHEN ASANTE BEKOE FOR RESPONDENT/APPELLANTS. COUNSEL FOR APPLICANTS/RESPONDENTS ABSENT.
Location:Accra

JUDGMENT

ANTHONY OPPONG, JA:

This is an appeal against the decision of the High Court, Tema, delivered on 23rd May, 2019. The decision was in respect of contempt proceedings instituted by the applicants/respondents (hereafter to be referred to simply as respondents) against the respondents/appellants (also to be referred to simply as appellants hereafter).

In the said decision, the High Court, Tema convicted the appellants of contempt of court and sentenced them to a fine of GH₵2,500 each which was to be paid immediately or in default they were to serve a prison term of two (2) months each, among other orders that seem incongruous in contempt proceedings. For instance, the order of the court below restraining 3rd appellant from holding himself out as the wetsoyi (chief) of Lomobiawe is not a proper order to make when the court had not had the benefit of tested evidence in a full scale trial.

Now to the facts: there is a family at Ada to which both respondents and appellants belong. That f…

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