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THE REPUBLIC V. EDWARD ACQUAYE EX-PARTE: CHARLES KWEKU ESSEL AND EBUSUAPANIN KWEKU WU

(2008) JELR 66920 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/34/2007  •  14 Feb 2008  •  Ghana

Coram
ARYEETEY J.A. [PRESIDING], BAFFOE-BONNIE J.A., YAW APPAU J.A

Appearances
K.O. AMPONSAH DADZIE FOR RESPONDENT/APPELLANT WITH SAM AWOTWE FOR APPELLANT ,KWASI AGYENIM BOATENG FOR KOFI LAMPTEY FOR RESPONDENT

Judgement

RULING

This is an appeal against the Ruling of High Court Swedru presided over by SENYO DZAMEFE J, delivered on 31/07/06 in which the trial judge found the Appellant herein guilty of Contempt and sentenced him to a fine of ¢10 million or 6 months I.H.L. and a further cost of ¢40 million. The grounds of appeal are as follows:

1. The learned High Court Judge erred in law in failing to rule on the issue of capacity of the Applicant especially the sole surviving Applicant as well as the procedural flaws in the application.

2. The learned High Court Judge erred in law in interpreting the term “status quo” to be synonymous with “status quo ante” thus reversing or varying by necessary implication the ruling of Justice Woanyah dated 26/6/2001.

3. Further or in the alternative the Learned High Court Judge erred in law in failing to take into account the fact that respondent appellant had been installed before appeal to the Regional House of Chiefs Central Region.

4. The learned High Court Judge …

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