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REPUBLIC V. HIGH COURT, TEMA; EX PARTE KOFI

(1999) JELR 69514 (CA)

Court of Appeal  •  20 May 1999  •  Ghana

Coram
WOOD JA, BROBBEY JA, ARYEETEY JA

Judgement

WOOD JA

The parties in these proceedings are the parties in a suit pending before the High Court, Tema presided over by Felicity Amoah J. On 22 January 1999 she found the applicant “guilty” of contempt for having disobeyed an interim order made in the course of the pending civil cause. She made the following pronouncement with regard to “sentence”:

“I find the respondent guilty and for his contemptuous act he is sentenced to a fine of ¢3 million or in default three months imprisonment. ¢2 million of the fine when paid should be given to the applicant as compensation. The respondent is to pay the fine within ten days. He is therefore admitted to bail in the sum of ¢3 million with one surety to be justified. I award costs of ¢200,000 against the respondent.”

Within four days of the order, the applicant, in the exercise of his legitimate rights, has appealed against the ruling, ie the finding that he was in contempt of court and the sentence. He quickly followed it up with a motion for sta…

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