THE REPUBLIC V. NANA KWADWO APPIAH & ORS EX-PARTE: NANA HOWARD MANU NOWREFERRED TO AS NANA NUAKO III, CHIEF OF DUNKWA

JUDGMENT

GYAESAYOR J.A. :-

This is an appeal against the ruling of the High Court, Cape-Coast dated 26th January, 2009 convicting and sentencing respondents/appellants to various fines.  The respondents now appellants in this court, unhappy with their conviction filed this appeal on 12th February, 2009 challenging the entire ruling.  The notice of appeal set out the grounds of the appeal as well as the relief sought from the court.

Grounds

a. That the ruling is against the weight of affidavit evidence.

b. That the learned trial judge failed to appreciate that although this was a civil contempt the burden of proof was as required in a criminal trial i.e. proof beyond reasonable doubt, and gave an erroneous decision.

c. That the learned trial judge failed to realize that since the applicant claimed that the respondents have flouted the judgment of the High Court dated 20th April, 2005, it was incumbent on the applicant to prove where exactly the respondents had breached the order of injunctio…