Republic Vrs Dora and 9 Others (E12/129/2023) [2024] GHAHC 44 (5 February 2024)
Applicant failed to prove beyond reasonable doubt that Respondents were served with the judgment and penal notice as required by law, and Respondents were not parties or privies to the original suit; thus, the application for contempt cannot succeed.
- Citation
- Republic Vrs Dora and 9 Others (E12/129/2023) [2024] GHAHC 44 (5 February 2024)
- Parties
- Applicant: Francis Kofi Mensah; Respondents: Madam Dora & 9 Ors (4th, 5th, 6th, 7th, 8th, 9th, 11th, 12th, 13th, 14th Respondents)
- Court
- ghahc
- Jurisdiction
- Ghana
- Judgment Date
- 5 February 2024
- Procedural Posture
- Motion for Contempt / Judgment
- Outcome
- Application dismissed; Respondents discharged.
- Legal Topics
- Contempt of Court, Service of Process, Standard of Proof, Enforcement of Judgments
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
Francis Kofi Mensah
Applicant
Madam Dora & 9 Ors (4th, 5th, 6th, 7th, 8th, 9th, 11th, 12th, 13th, 14th Respondents)
Respondents
Procedural Posture
Motion for Contempt / Judgment
Legal Issues
- 1 Whether the Respondents committed contempt by disobeying a judgment in a matter to which they were not parties.
Ratio Decidendi
Applicant failed to prove beyond reasonable doubt that Respondents were served with the judgment and penal notice as required by law, and Respondents were not parties or privies to the original suit; thus, the application for contempt cannot succeed.
Court Disposition
Application dismissed; Respondents discharged.
Orders
- Cost of Ghs1500.00 awarded against Applicant in favour of each of the 10 Respondents.
Full Case Text
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