Agbleze and Others Vrs Attorney General and Another [2018] GHASC 77 (24 October 2018)

Agbleze and Others Vrs Attorney General and Another [2018] GHASC 77 (24 October 2018)

The application for committal for contempt was dismissed because the Attorney-General was improperly joined, having no involvement in the registration exercise, and the Electoral Commissioner and deputies were not personally served with the interlocutory injunction application, thus could not be found to have knowingly disobeyed the court or interfered with the administration of justice.

Citation
[2018] GHASC 77
Parties
Applicant: Mayor Agbleze; Applicant: Destiny Awlimey; Applicant: Jean-Claude Koku Amenyaglo; Respondent: Gloria Akuffo (Hon.); Respondent: Jean Mensa; Respondent: Dr. Eric Asare Bossman; Respondent: Samuel Tettey
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
24 October 2018
Procedural Posture
Contempt Application / Ruling on Application for Committal for Contempt
Outcome
Application dismissed
Legal Topics
Contempt of Court, Service of Process, Electoral Law
Source Language
English
Constitutional Law Civil Procedure Contempt of Court Service of Process Electoral Law

Case Brief

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Parties

Mayor Agbleze

Applicant

Destiny Awlimey

Applicant

Jean-Claude Koku Amenyaglo

Applicant

Gloria Akuffo (Hon.)

Respondent

Jean Mensa

Respondent

Dr. Eric Asare Bossman

Respondent

Samuel Tettey

Respondent

Procedural Posture

Contempt Application / Ruling on Application for Committal for Contempt

Legal Issues

  1. 1 Whether the respondents were in contempt of court for proceeding with voter registration despite pending suit and interlocutory injunction application
  2. 2 Whether service of the interlocutory injunction application was properly effected on the respondents

Ratio Decidendi

The application for committal for contempt was dismissed because the Attorney-General was improperly joined, having no involvement in the registration exercise, and the Electoral Commissioner and deputies were not personally served with the interlocutory injunction application, thus could not be found to have knowingly disobeyed the court or interfered with the administration of justice.

Court Disposition

Application dismissed

Orders

  • Application to commit respondents for contempt is dismissed.