REPUBLIC VRS ALHASSAN & 3 OTHERS (C10/12/2022) [2024] GHAHC 188 (25 July 2024)

REPUBLIC VRS ALHASSAN & 3 OTHERS (C10/12/2022) [2024] GHAHC 188 (25 July 2024)

The Respondents had notice of the judgment of the Judicial Committee of the Sampa Traditional Council, which restrained them from dealing with the Twafo stool of Sampa. Despite this, they willfully disobeyed the judgment by parading the 4th Respondent as Twafohene. The alleged inconsistencies and claims of fraud do not affect the validity of the judgment, which remains binding until set aside. The Applicant, as customary successor, has capacity to bring the application. The Respondents are therefore liable for contempt beyond reasonable doubt.

Citation
REPUBLIC VRS ALHASSAN & 3 OTHERS (C10/12/2022) [2024] GHAHC 188 (25 July 2024)
Parties
Applicant: Dramani Siaka; Respondent: Alhaji Alhassan; Respondent: Seidu Musa; Respondent: Zakaria Musa; Respondent: Abuu Damtey
Court
ghahc
Jurisdiction
Ghana
Judgment Date
25 July 2024
Procedural Posture
Application for Committal for Contempt / Judgment
Outcome
Respondents found liable for contempt; sentenced to pay a fine.
Legal Topics
Committal for Contempt, Chieftaincy Disputes, Enforcement of Tribunal Judgments, Standard of Proof in Contempt Proceedings
Source Language
eng
Civil Procedure Chieftaincy Law Contempt of Court Committal for Contempt Chieftaincy Disputes Enforcement of Tribunal Judgments Standard of Proof in Contempt Proceedings

Case Brief

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Parties

Dramani Siaka

Applicant

Alhaji Alhassan

Respondent

Seidu Musa

Respondent

Zakaria Musa

Respondent

Abuu Damtey

Respondent

Procedural Posture

Application for Committal for Contempt / Judgment

Legal Issues

  1. 1 Whether the Respondents are liable for contempt for willful disobedience of the judgment of the Judicial Committee of the Sampa Traditional Council
  2. 2 Whether the Applicant has capacity to bring the contempt application
  3. 3 Whether alleged inconsistencies and fraud in the underlying judgment affect its enforceability

Ratio Decidendi

The Respondents had notice of the judgment of the Judicial Committee of the Sampa Traditional Council, which restrained them from dealing with the Twafo stool of Sampa. Despite this, they willfully disobeyed the judgment by parading the 4th Respondent as Twafohene. The alleged inconsistencies and claims of fraud do not affect the validity of the judgment, which remains binding until set aside. The Applicant, as customary successor, has capacity to bring the application. The Respondents are therefore liable for contempt beyond reasonable doubt.

Court Disposition

Respondents found liable for contempt; sentenced to pay a fine.

Orders

  • Each Respondent shall pay a fine of GH₵ 40,000.00 to the Republic.
  • In default of payment, each Respondent shall serve two months imprisonment.