Republic Vrs Jajah Ex Parte Asafo Adjei [2023] GHAHC 31 (30 January 2023)

Republic Vrs Jajah Ex Parte Asafo Adjei [2023] GHAHC 31 (30 January 2023)

Applicants failed to prove beyond reasonable doubt that respondent entered or developed the disputed land during the pendency of the motion for interlocutory injunction; mere affidavit and photographs were insufficient, and respondent's denial raised reasonable doubt which applicants did not dislodge with further evidence.

Citation
Republic Vrs Jajah Ex Parte Asafo Adjei [2023] GHAHC 31 (30 January 2023)
Parties
Applicant: Mr. Asafo Adjei; Applicant: Mrs. Asafo Adjei; Respondent: Ibrahim Jajah
Court
ghahc
Jurisdiction
Ghana
Judgment Date
30 January 2023
Procedural Posture
Motion for Committal for Contempt of Court / Judgment
Outcome
motion dismissed
Legal Topics
Contempt Proceedings, Burden of Proof, Standard of Proof, Interlocutory Injunction
Source Language
eng
Civil Procedure Contempt of Court Contempt Proceedings Burden of Proof Standard of Proof Interlocutory Injunction

Case Brief

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Parties

Mr. Asafo Adjei

Applicant

Mrs. Asafo Adjei

Applicant

Ibrahim Jajah

Respondent

Procedural Posture

Motion for Committal for Contempt of Court / Judgment

Legal Issues

  1. 1 Whether the respondent is guilty of contempt of court for allegedly interfering with land subject to a pending motion for interlocutory injunction.

Ratio Decidendi

Applicants failed to prove beyond reasonable doubt that respondent entered or developed the disputed land during the pendency of the motion for interlocutory injunction; mere affidavit and photographs were insufficient, and respondent's denial raised reasonable doubt which applicants did not dislodge with further evidence.

Court Disposition

motion dismissed