ANARFI AND OTHERS V. SAMAPA

QUAYE J.: On 10 September 1991 her Lordship Lutterodt J. (as she then was) made an order upon the defendant-respondent (hereinafter referred to as the defendant) to file accounts of her administration/management of the estate of the late Attafuah Agyemang Anarfi. The defendant had 30 days within which to comply with the order which was served upon her personally on 18 September 1991. When the defendant failed or refused to comply with the order of the court, the present application for attachment was brought against her, pursuant to leave granted on 12 February 1992.

This application has been vehemently resisted by the defendant contemnor. The main grounds urged on this court by Mr. Ahenkorah, counsel for the defendant, are that the order alleged to have been breached was not served in accordance with Order 41, r.6 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) in that the order that was issued out and served on the defendant omitted the memorandum to the said rule 6. It w…