Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
OSEI ASIBEY AND DANIEL CLIFFORD SARFO

(2021) JELR 109000 (CA)    
Court of Appeal  ·  H1/23/2020 ·  27 May 2021 ·  Ghana
CORAM
A. M. DOMAKYAAREH (MRS) J. A. PRESIDING, A. B. POKU-ACHEAMPONG J. A., S. K. A. ASIEDU J. A

Ratio Decidendi

Core Terms Beta
respondents
court
contempt of court
2nd respondent
order
1st respondent
administration of justice
standard of proof
district chief executive
operating licence
re effiduase stool affairs
trial court
weight of evidence
additional grounds of appeal
appellant’s case
appellate court
honourable court
status quo
transport associations
1st respondent’s case
2nd respondent’s case
2nd respondent’s injunction application
ansah jsc
attorney general
beresford acquah j
considered opinion
contempt matter
ex parte ameyaw
facts of the instant case none of the particulars
following grounds of appeal
further order
general principle
independent station
judicial contempt power
kwabre east district assembly
learned judge
order of perpetual injunction
renewal of its operating licence
respective taxi stations
ruling of a kumasi high court
ruling of the court
said writ
second respondent
use of the omnibus ground
wilful breach of a clear court order

JUDGMENT 

POKU-ACHEAMPONG, J.A.

This is an appeal from the ruling of a Kumasi High Court delivered on 27/11/18 in a  contempt matter between the Applicant/Appellant and the Respondents. 

Background 

The 2nd Respondent initially issued out a writ against the Appellant in November 2015 and  pursuant to leave granted by the court on 3rd April 2017 the said writ was amended to join  the 1st Respondent herein with the following as the amended reliefs. 

1. An order directing that the parties operate from their respective taxi stations at  Mamponteng – Ashanti per the agreement reached at the meeting at Kwabre East  District Assembly on the 31st day of July 2015.  

2. A further order directing at the Kwabre East District Assembly to grant a continuous  renewal of the operating license of the Plaintiff for its core business. 

3. An order of Perpetual Injunction restraining the Defendants, their agents, assigns,  servants, workers or anybody claiming through them from interfering with the  Plaintiff’…

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