Republic Vrs Noye and Another Ex Parte Atuobi [2023] GHAHC 30 (27 January 2023)

Republic Vrs Noye and Another Ex Parte Atuobi [2023] GHAHC 30 (27 January 2023)

The respondents, with knowledge of pending litigation and an application for interlocutory injunction, continued to mould blocks on the disputed land, thereby interfering with the administration of justice and overreaching the court's authority, which constitutes contempt even in the absence of a specific restraining order.

Citation
Republic Vrs Noye and Another Ex Parte Atuobi [2023] GHAHC 30 (27 January 2023)
Parties
Applicant: Frank Amoako Atuobi; Respondent: David Noye; Respondent: Newland Ansah
Court
ghahc
Jurisdiction
Ghana
Judgment Date
27 January 2023
Procedural Posture
Contempt of Court (motion on Notice for Committal) / Judgment
Outcome
Respondents found guilty of contempt of court.
Legal Topics
Interference With Pending Litigation, Administration of Justice, Interlocutory Injunction, Standard of Proof in Contempt Proceedings
Source Language
eng
Civil Procedure Contempt of Court Interference With Pending Litigation Administration of Justice Interlocutory Injunction Standard of Proof in Contempt Proceedings

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Parties

Frank Amoako Atuobi

Applicant

David Noye

Respondent

Newland Ansah

Respondent

Procedural Posture

Contempt of Court (motion on Notice for Committal) / Judgment

Legal Issues

  1. 1 Whether the respondents' conduct constituted contempt of court by interfering with the subject matter of pending litigation despite knowledge of a pending application for interlocutory injunction.

Ratio Decidendi

The respondents, with knowledge of pending litigation and an application for interlocutory injunction, continued to mould blocks on the disputed land, thereby interfering with the administration of justice and overreaching the court's authority, which constitutes contempt even in the absence of a specific restraining order.

Court Disposition

Respondents found guilty of contempt of court.

Orders

  • Respondents to pay a fine of 800 penalty units within two weeks.
  • Respondents to refrain from moulding blocks and construction on the disputed land until final determination of the matter.