Republic Vrs. Nyame And Another Ex Parte Adom V [2024] GHAHC 297 (19 April 2024)

Republic Vrs. Nyame And Another Ex Parte Adom V [2024] GHAHC 297 (19 April 2024)

The applicant failed to prove beyond reasonable doubt that the respondents wilfully disobeyed the order of the Judicial Committee of the Oti Regional House of Chiefs. The evidence showed the respondents complied with the order by participating in the nomination, selection, and enstoolment of a new chief, and there was no proof that the invitation card or any act by the respondents amounted to contempt. The essential element of wilful disobedience was not established.

Citation
Republic Vrs. Nyame And Another Ex Parte Adom V [2024] GHAHC 297 (19 April 2024)
Parties
Applicant: Nana Adom V; 1st Respondent: Eric Nyame; 2nd Respondent: Solomon G.Y. Asiedu
Court
ghahc
Jurisdiction
Ghana
Judgment Date
19 April 2024
Procedural Posture
Contempt Application / Judgment
Outcome
Application dismissed. Respondents acquitted and discharged.
Legal Topics
Contempt of Court, Standard of Proof, Chieftaincy Disputes, Burden of Proof
Source Language
eng
Civil Procedure Chieftaincy Criminal Contempt Contempt of Court Standard of Proof Chieftaincy Disputes Burden of Proof

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Parties

Nana Adom V

Applicant

Eric Nyame

1st Respondent

Solomon G.Y. Asiedu

2nd Respondent

Procedural Posture

Contempt Application / Judgment

Legal Issues

  1. 1 Whether the respondents wilfully disobeyed the order of the Judicial Committee of the Oti Regional House of Chiefs and are liable for contempt of court.

Ratio Decidendi

The applicant failed to prove beyond reasonable doubt that the respondents wilfully disobeyed the order of the Judicial Committee of the Oti Regional House of Chiefs. The evidence showed the respondents complied with the order by participating in the nomination, selection, and enstoolment of a new chief, and there was no proof that the invitation card or any act by the respondents amounted to contempt. The essential element of wilful disobedience was not established.

Court Disposition

Application dismissed. Respondents acquitted and discharged.