OSEI KOFI VRS. BOATENG (LD/0197/2020) [2024] GHAHC 130 (27 June 2024)

OSEI KOFI VRS. BOATENG (LD/0197/2020) [2024] GHAHC 130 (27 June 2024)

The Plaintiff/Applicant failed to prove beyond reasonable doubt that the Defendant/Respondent was guilty of contempt, as there was insufficient evidence that the Defendant was engaged in the alleged construction works on the subject land or that he had notice of a pending appeal or order restraining him.

Citation
OSEI KOFI VRS. BOATENG (LD/0197/2020) [2024] GHAHC 130 (27 June 2024)
Parties
Plaintiff/applicant: Alexander Osei Kofi; Defendant/respondent: Kwadwo Asante Boateng
Court
ghahc
Jurisdiction
Ghana
Judgment Date
27 June 2024
Procedural Posture
Contempt Application (post Judgment in Land Dispute) / Ruling on Application for Committal for Contempt
Outcome
Application for committal for contempt refused.
Legal Topics
Contempt Proceedings, Burden and Standard of Proof, Land Ownership Dispute, Execution of Judgments
Source Language
eng
Civil Procedure Land Law Contempt of Court Contempt Proceedings Burden and Standard of Proof Land Ownership Dispute Execution of Judgments

Case Brief

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Parties

Alexander Osei Kofi

Plaintiff/applicant

Kwadwo Asante Boateng

Defendant/respondent

Procedural Posture

Contempt Application (post Judgment in Land Dispute) / Ruling on Application for Committal for Contempt

Legal Issues

  1. 1 Whether the Defendant should be committed to prison for contempt of court

Ratio Decidendi

The Plaintiff/Applicant failed to prove beyond reasonable doubt that the Defendant/Respondent was guilty of contempt, as there was insufficient evidence that the Defendant was engaged in the alleged construction works on the subject land or that he had notice of a pending appeal or order restraining him.

Court Disposition

Application for committal for contempt refused.

Orders

  • Application to commit Defendant/Respondent to prison for contempt is refused.
  • No order as to costs.