Osei Bonsu Suing Buernor Vrs Armstong [2023] GHAHC 257 (31 July 2023)

Osei Bonsu Suing Buernor Vrs Armstong [2023] GHAHC 257 (31 July 2023)

The preliminary legal objection is dismissed because the application for committal for contempt was properly brought under the applicable rules, supported by affidavit, and the respondent had notice of the order. Strict proof of personal service is not mandatory where notice is established.

Citation
[2023] GHAHC 257
Parties
Plaintiff/applicant: Frank Osei Bonsu (suing per his lawful attorney Eric Buenor); Defendant/respondent: Alex Armstrong
Court
High Court
Jurisdiction
Ghana
Judgment Date
31 July 2023
Procedural Posture
Civil Contempt Application / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed
Legal Topics
Contempt of Court, Committal Proceedings, Service of Process
Source Language
English
Civil Procedure Contempt of Court Committal Proceedings Service of Process

Case Brief

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Parties

Frank Osei Bonsu (suing per his lawful attorney Eric Buenor)

Plaintiff/applicant

Alex Armstrong

Defendant/respondent

Procedural Posture

Civil Contempt Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for committal for contempt is competent in light of alleged procedural defects
  2. 2 Whether service of the court order and penal notice on the respondent was mandatory

Ratio Decidendi

The preliminary legal objection is dismissed because the application for committal for contempt was properly brought under the applicable rules, supported by affidavit, and the respondent had notice of the order. Strict proof of personal service is not mandatory where notice is established.

Court Disposition

preliminary objection dismissed

Orders

  • Suit adjourned to 2nd November 2023 at 9:00 am for hearing on the merits
  • No order as to costs