The Republic Vrs Amenyaglo [2023] GHAHC 184 (18 April 2023)
The respondent's refusal to comply with the court order and his confrontational demeanor constituted contempt of court.
Source-derived case information.
- Citation
- [2023] GHAHC 184
- Parties
- Applicant: Gadegbeku Saviour Dela; Applicant: Eccarius Achille Koami Joel; Respondent: Ayaovi Prosper Amenyaglo
- Court
- High Court
- Jurisdiction
- Ghana
- Procedural Posture
- Contempt of Court / Judgment
- Outcome
- respondent found in contempt, sentenced to imprisonment, and ordered to release property
- Legal Topics
- Contempt of Court, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gadegbeku Saviour Dela
Applicant
Eccarius Achille Koami Joel
Applicant
Ayaovi Prosper Amenyaglo
Respondent
Procedural Posture
Contempt of Court / Judgment
Legal Issues
- 1 Whether the respondent is in contempt of court for failing to comply with a court order regarding property release
Ratio Decidendi
The respondent's refusal to comply with the court order and his confrontational demeanor constituted contempt of court.
Court Disposition
respondent found in contempt, sentenced to imprisonment, and ordered to release property
Orders
- Respondent sentenced to three months in prison.
- Respondent to release applicants' property without interference.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF JUSTICE HELD AT DENU TUESDAY THE 18TH DAY OF APRIL, 2023 BEFORE HER LADYSHIP JUSTICE NAANA BEDUADDO, HIGH COURT JUDGE 10:33 am SUIT NO. E13/81/2022 THE REPUBLIC VRS. AYAOVI PROSPER AMENYAGLO RESPONDENT EX PARTE: 1. GADEGBEKU SAVIOUR DELA APPLICANTS 2. ECCARIUS ACHILLE KOAMI JOEL PARTIES: Parties present LEGAL REPRESENTATION: Jemima Addo for Applicants Respondent not represented JUDGMENT BY COURT: Before this Court is a Motion on Notice for an Order for Committal for Contempt filed on 10th August, 2022. The Deponent filed an Affidavit in Opposition on 20/09/2022. He claimed in Paragraph 9 that the Applicants are his children and therefore he would not deny them what rightfully belongs to them. He claims it was a simple misunderstanding between the parties. A supplementary Affidavit was filed by the Applicants with the leave of the Court on 14/2/2023. Though the Respondent was served, he refused to file any response thereto. He stated that the property belongs to him, he claims it was given to him by his mother. He claimed he has not done anything for him to be cited in contempt. He finally claimed that he did not file any Affidavit in Opposition to the instant suit and that he did not know who filed it. The Court found the Respondent’s behaviour very confrontational and his demeanour very disrespectful to the Court. Given that he claims he has no response to the instant motion, the Court hereby grants the Motion as prayed and cites the Respondent in Contempt of Court. BY COURT: The Court hereby sentences him to three months in prison and he should release Applicant’s property to them without any interference whatsoever. (SGD.) NAANA BEDU-ADDO JUSTICE OF THE HIGH COURT 18/04/2023