Boateng and Others Vrs Boateng [2009] GHASC 10 (4 March 2009)

Boateng and Others Vrs Boateng [2009] GHASC 10 (4 March 2009)

Applicants failed to prove beyond reasonable doubt that Respondents wilfully disobeyed any court order or had knowledge of a pending process requiring them to abstain from withdrawing the funds; no contempt established.

Citation
[2009] GHASC 10
Parties
Applicants: Agyenim Boateng & 27 Ors; 1st Respondent: S. K. Boateng; 2nd Respondent: Evelyn Akuffo Oduro (Mrs)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
4 March 2009
Procedural Posture
Civil Motion / Ruling on Contempt Application
Outcome
Application dismissed
Legal Topics
Contempt Proceedings, Execution of Judgment, Stay of Execution, Standard of Proof in Contempt
Source Language
English
Civil Procedure Contempt of Court Contempt Proceedings Execution of Judgment Stay of Execution Standard of Proof in Contempt

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Parties

Agyenim Boateng & 27 Ors

Applicants

S. K. Boateng

1st Respondent

Evelyn Akuffo Oduro (Mrs)

2nd Respondent

Procedural Posture

Civil Motion / Ruling on Contempt Application

Legal Issues

  1. 1 Whether the Respondents wilfully disobeyed a court order amounting to contempt
  2. 2 Whether the Applicants proved contempt beyond reasonable doubt

Ratio Decidendi

Applicants failed to prove beyond reasonable doubt that Respondents wilfully disobeyed any court order or had knowledge of a pending process requiring them to abstain from withdrawing the funds; no contempt established.

Court Disposition

Application dismissed

Orders

  • Application for contempt against the Respondents is dismissed as being entirely without merit.