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REPUBLIC V. AWUKU AND ANOTHER; EX PARTE ADIAKU AND ANOTHER

(1999) JELR 69511 (CA)

Court of Appeal  •  22 Apr 1999  •  Ghana

Coram
SAPONG JSC,ESSILFIE-BONDZIE JA,BENIN JA

Judgement

SAPONG JSC.: In this appeal everything is centered on the order of 14 July 1997. What was the order made by the High Court, Ho on that day? It is this:

“. . . the application for an order of certorari to quash the judgment of the judicial committee of the Akpini Traditional Council dated 26 May 1995 is granted. It is hereby ordered that the said judgment be brought up to be quashed and it is hereby quashed.”

(The emphasis is mine.)

An order of a court has to be clear and unambiguous. There is nothing in the record of proceedings to even suggest remotely that an application was made to the High Court, Ho for an interpretation of the said order. Once a judgment of a court of competent jurisdiction is quashed, it means the slate is clean. Any act therefore purported to be done thereafter cannot be said to amount to contempt of court. The appellants cannot be said to have disobeyed the High Court, Ho. In the premise the appellants cannot be held for contempt of court and therefore the appeal…

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