BANDA VRS IDDRISU & 2 OTHERS [2024] GHAHC 343 (20 February 2024)

BANDA VRS IDDRISU & 2 OTHERS [2024] GHAHC 343 (20 February 2024)

Respondents were aware of clear court orders requiring demolition of a structure and payment of costs and damages; their failure to comply, despite notice and opportunity, constitutes willful disobedience and contempt proven beyond reasonable doubt.

Citation
BANDA VRS IDDRISU & 2 OTHERS [2024] GHAHC 343 (20 February 2024)
Parties
Applicant/plaintiff: Ibrahim Banda; Respondent/defendant: Bukari Seidu; Respondent/defendant: Abubakari Yahaya; Defendant: Abubakari Iddrisu
Court
ghahc
Jurisdiction
Ghana
Judgment Date
20 February 2024
Procedural Posture
Contempt Application (post Judgment Enforcement) / Judgment
Outcome
Application for committal for contempt granted; Respondents convicted of contempt.
Legal Topics
Enforcement of Court Orders, Civil Contempt, Burden of Proof, Sanctions for Disobedience
Source Language
eng
Civil Procedure Contempt of Court Enforcement of Court Orders Civil Contempt Burden of Proof Sanctions for Disobedience

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Parties

Ibrahim Banda

Applicant/plaintiff

Bukari Seidu

Respondent/defendant

Abubakari Yahaya

Respondent/defendant

Abubakari Iddrisu

Defendant

Procedural Posture

Contempt Application (post Judgment Enforcement) / Judgment

Legal Issues

  1. 1 Whether the Respondents willfully disobeyed court orders amounting to contempt
  2. 2 Whether the burden of proof for contempt has been met

Ratio Decidendi

Respondents were aware of clear court orders requiring demolition of a structure and payment of costs and damages; their failure to comply, despite notice and opportunity, constitutes willful disobedience and contempt proven beyond reasonable doubt.

Court Disposition

Application for committal for contempt granted; Respondents convicted of contempt.

Orders

  • 1st Respondent to pay a fine of 400 penalty units or serve 6 months imprisonment in default.
  • 2nd Respondent to pay a fine of 420 penalty units or serve 7 months imprisonment in default.