REPUBLIC VRS. YAKUBU EXPARTE: ISSAKA . INTERESTED PARTY NENE OFOE GBEBIE (E12/194/2023) [2024] GHAHC 208 (14 February 2024)

REPUBLIC VRS. YAKUBU EXPARTE: ISSAKA . INTERESTED PARTY NENE OFOE GBEBIE (E12/194/2023) [2024] GHAHC 208 (14 February 2024)

Applicant failed to prove beyond reasonable doubt that Respondents were served with the interlocutory judgment order or breached any court order; contempt not established.

Citation
REPUBLIC VRS. YAKUBU EXPARTE: ISSAKA . INTERESTED PARTY NENE OFOE GBEBIE (E12/194/2023) [2024] GHAHC 208 (14 February 2024)
Parties
Applicant: Gamel Issaka; Respondent: Yakubu; Respondent: Abass; Interested Party: Nene Ofoe Gbebie
Court
ghahc
Jurisdiction
Ghana
Judgment Date
14 February 2024
Procedural Posture
Motion for Contempt / Ruling
Outcome
application dismissed; Respondents discharged; no order as to costs
Legal Topics
Enforcement of Judgment, Service of Court Orders, Standard of Proof in Contempt Proceedings
Source Language
eng
Civil Procedure Contempt of Court Enforcement of Judgment Service of Court Orders Standard of Proof in Contempt Proceedings

Case Brief

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Parties

Gamel Issaka

Applicant

Yakubu

Respondent

Abass

Respondent

Nene Ofoe Gbebie

Interested Party

Procedural Posture

Motion for Contempt / Ruling

Legal Issues

  1. 1 Whether Respondents can be committed for contempt for allegedly breaching a court order without proof of service of the judgment order
  2. 2 Whether the supplementary affidavit filed by Applicant without leave can be relied upon
  3. 3 Whether the Respondents' actions constituted contempt under the law

Ratio Decidendi

Applicant failed to prove beyond reasonable doubt that Respondents were served with the interlocutory judgment order or breached any court order; contempt not established.

Court Disposition

application dismissed; Respondents discharged; no order as to costs

Orders

  • Respondents discharged from contempt proceedings
  • No order as to costs