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FORSON V. ADDISON

(1980) JELR 63727 (HC)

High Court  •  24 Feb 1980  •  Ghana

Coram
TWUMASI J.

Judgement

TWUMASI J.: On 23 January 1981, Mr. Ebo Bentsi-Enchill, counsel for the plaintiff herein, filed a motion on notice under Order 59, r. 21 of the High Court (Civil Procedure) Rules, 1954 (L.N.140A). By that motion, this court was called upon to exercise its prerogative, power to commit to prison, one J. K. Addison, the defendant in this suit. The motion accused J. K. Addison of wilful refusal to comply with an order of the court given on 7 March 1980, to file what the applicant described as “proper accounts” in respect of three named persons. According to the applicant, the court fixed one month from the date of the order as the deadline for its compliance. Inasmuch as the defendant defaulted in rendering the “proper accounts,” he was, in the opinion of the applicant, guilty of contempt of court and liable to imprisonment. The motion was duly served on the defendant and his solicitor, Mr. Gaisie. The latter has raised a preliminary point in law of procedural character. The point consist…

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