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THE REPUBLIC V. DR. KWAME DUFFOUR EX-PARTE: NICHOLAS EDWARD ASARE

(2008) JELR 68438 (SC)

Supreme Court  •  CIVIL MOTION NO. J8/13/2008  •  5 Mar 2008  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING), DR. DATE-BAH J.S.C., ANSAH J.S.C., ADINYIRA (MRS) J.S.C., S. K. ASIAMAH J.S.C.

Judgement

RULING

ATUGUBA, J.S.C.

This is an application for committal, for contempt of this court, allegedly committed by the respondent, Dr. Kwame Duffour. The grounds for the application are mainly contained in paragraphs 2, 4 and 5 of the applicant’s supporting affidavit. They are as follows:

“2. That on 7th June 2006, this Honourable Court gave a unanimous judgment in Civil Appeal, No. J4/25/2005 entitled:

Nicholas Bernard Asare - Plaintiff/Applicant/Respondent

Vrs

1. Dupaul Wood Treatment Co. (Ghana) Ltd

2. Dr. Kwame Duffour - Defendants/Respondents/Applicants

3. X X X

4. That in its said judgment (page 26) this Court, after a very careful and exhaustive examination of the evidence made 3 declarations, namely:

1. a declaration that the respondent is a shareholder and a member of the first appellant and holds 50% of its issued share capital;

2. a declaration that the new regulations adopted on 1st May 1980 were never registered with the Registrar General’s Department and are therefore void and of no …

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