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THE REPUBLIC V. BEN MUSA BINEY AND 3 OTHERS EX PARTE; NANA OKOFO KOFI AMO VI

(2017) JELR 68037 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 41/27/14  •  27 Mar 2017  •  Ghana

Coram
HONYENUGA JA (PRESIDING), GYAN JA, SUURBAAREAH JA

Judgement

SAEED K. GYAN, JA:

This is an appeal from the judgment of the High Court, Cape Coast presided over by His Lordship Mr. Justice Kwasi Dapaa. The judgment is dated 28th May 2013.

By the said judgment the Cape Coast High Court convicted three out of four Respondents hauled before the said Court upon a complaint of contempt of Court filed by the Applicant, Nana Okofo Kofi Amo VI.

The court found the 1st, 2nd and 3rd Respondents guilty of contempt as charged and accordingly convicted them of the said offence. The court however acquitted and discharged the 4th Respondent on the ground that the Applicant, as prosecutor, had failed to sufficiently satisfy the standard and burden of proof against him and therefore settled the balance of doubt raised on the evidence before the court in favour of the aforesaid 4th Respondent, leading to his being acquitted.

It is obvious that the substance and the real basis upon which the 1st, 2nd and 3rd Respondents were found liable and accordingly convicted for …

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