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THE REPUBLIC
V.
THE DISTRICT COMMANDER & 3ORS EX PARTE: DANNY THAKURDAS SAWLANI

(2024) JELR 113434 (HC)

High Court 5 Sep 2024 Ghana
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- Applicant sought committal of Respondents for contempt under Article 126 of the 1992 Constitution and Order 50 of C.I. 47; Respondents challenged Applicant’s capacity to initiate the application. - The issue of capacity was raised via aff

Case Details

Suit Number:CR/0358/2024
Judges:COMFORT KWASIWOR TASIAME, JA
Counsel:ABDUL GAFARU ALI FOR THE APPLICANT – PRESENT CHIEF INSP. ANGEL LOLO FOR 1ST AND 2ND RESPONDENTS - ABSENT CHRISTIAN AKWESI BUAME FOR 3RD AND 4TH RESPONDENTS - ABSENT
Location:Accra

RULING

Applicant filed this application on notice for committal of the Respondents to prison for contempt of court under Article 126 of the 1992 Constitution and Order 50 of C.I. 47.

Respondents filed affidavits in opposition to the motion. Further to the affidavits in opposition, learned counsel for the 3rd and 4th Respondents filed supplementary affidavits in opposition to the application. At paragraph 16 and 17 of the 3rd Respondents supplementary affidavit in opposition, he stated “Paragraphs 16. That I am advised by my counsel and verily believe same to be true that the purported applicant not being an existing person has no capacity to institute this very contempt application against me. 17. That I am again advised by my counsel and verily believe same to be true that the purported applicant not being an existing person has no capacity to institute this very contempt application against me.”

Based on the issue of alleged lack of capacity of the Applicant raised in the supplementary…

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