THE REPUBLIC V. ERZOAH BEALEE @ NANA EKUMSA V. & 9 OTHERS EX-PARTE: NANA NYAMEKYEH ANNOR III

QUAYE, JA.

This appeal centrally turns on whether an application for attachment for contempt arising from disobedience of a judgment of a court is cognisable under 059 r 21 (2) of the High Court (Civil Procedure) Rules 1954 (LN 140A). The said rule states:—

(2) This rule applies to cases where the contempt is committed—

(a) in connection with proceedings to which this Order relates;

(b) in connection with any proceedings in Court, except where the contempt is committed in facie curiae or consists in disobedience to an order of the Court;

(c).........................(not applicable). (emphasis mine).

The parties herein are opposing factions in the chieftaincy affairs at Bonyere in the Nzema District of the Western Region of Ghana. The applicant, now respondent in this appeal, filed a motion ex-parte in the High Court for leave to attach the respondent/appellant herein for contempt found upon his alleged disobedience by the respondents, now appellants herein, of the decision and orders issued…