THE REPUBLIC V. DR. KWAME DUFFOUR EX-PARTE: NICHOLAS EDWARD ASARE
(2008) JELR 68438 (SC)
Supreme Court
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CIVIL MOTION NO. J8/13/2008
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5 Mar 2008
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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.
Appearances
MR. KWAME GYAN FOR APPLICANT,THADEUS SORY FOR RESPONDENT.
Judgement
<h2 class="ql-align-center">RULING</h2><p><strong>ATUGUBA, J.S.C.</strong></p><p>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:</p><p><em>“2. That on 7th June 2006, this Honourable Court gave a unanimous judgment in Civil Appeal, No. J4/25/2005 entitled:</em></p><p><em>Nicholas Bernard Asare - Plaintiff/Applicant/Respondent</em></p><p><em> Vrs</em></p><p><em>1. Dupaul Wood Treatment Co. (Ghana) Ltd</em></p><p><em>2. Dr. Kwame Duffour - Defendants/Respondents/Applicants</em></p><p><em>3. X X X</em></p><p><em>4. That in its said judgment (page 26) this Court, after a very careful and exhaustive examination of the evidence made 3 declarations, namely:</em></p><p>1. a declaration that the respondent is a shareholder and a member of the first appellant and holds 50% of its issued share capital;</p><p>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 …</p>