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THE REPUBLIC V. MICHEAL AMARTEY LARYEA AND 3 OTHERS V. EX-PARTE: NII KLU ANUM 1

(2019) JELR 65497 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H1/103/17  •  22 Jan 2019  •  Ghana

Coram
GYAESAYOR JA (PRESIDING), HONYENUGA JA, B. ACKAH-YENSU JA

Appearances
HALAALI NCHUAKUNG FOR THE APPELLANTS,MR. G. QUIST FOR RESPONDENTS

Judgement

JUDGMENT

GYAESAYOR, JA

In a ruling dated 13th day of January 2017 the High Court Accra, convicted and sentenced the respondent/appellant to five days’ imprisonment for contempt.

Not happy with their conviction and sentence for contempt, the appellants issued a notice of appeal dated 19th January 2017. The said notice of appeal is found at page 170 of the record of appeal (ROA). Additional grounds were filed and canvassed in the hearing of the appeal.

The grounds of appeal set out are as follows;-

i. The finding of the learned trial judge that the respondents had committed the act of contempt was against the weight of the evidence.

ii. The applicant failed to discharge the burden of proof on him.

iii. The judge erred by failing to address the issue of the requisite notice of the order/judgment allegedly transgressed:

a. That he failed to properly consider the nature or import of the judgment or order.

b. He failed to advert his mind to the issue of personal notice of the judgment or order to th…

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