REPUBLIC VRS. QUARSHIE (CR/0087/2024) [2024] GHAHC 267 (25 March 2024)

REPUBLIC VRS. QUARSHIE (CR/0087/2024) [2024] GHAHC 267 (25 March 2024)

The Respondent, having been present in court and having benefited from the custody order, had actual notice of the judgment and was obliged to comply with its terms, including granting access to the Applicant. Her failure to do so was willful and not excused by the absence of a formal decree. The Applicant proved contempt beyond reasonable doubt.

Citation
REPUBLIC VRS. QUARSHIE (CR/0087/2024) [2024] GHAHC 267 (25 March 2024)
Parties
Applicant: The Republic; Respondent: Pearl Quarshie; Ex Parte Applicant: Bright Moore Quarshie
Court
ghahc
Jurisdiction
Ghana
Judgment Date
25 March 2024
Procedural Posture
Contempt of Court (civil) / Ruling on Application for Committal for Contempt
Outcome
Respondent found liable for contempt of court; committal order to be made unless Respondent purges herself of contempt.
Legal Topics
Contempt of Court, Child Custody, Access to Child, Best Interest of the Child, Enforcement of Court Orders
Source Language
eng
Family Law Criminal Procedure Child Law Contempt of Court Child Custody Access to Child Best Interest of the Child Enforcement of Court Orders

Case Brief

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Parties

The Republic

Applicant

Pearl Quarshie

Respondent

Bright Moore Quarshie

Ex Parte Applicant

Procedural Posture

Contempt of Court (civil) / Ruling on Application for Committal for Contempt

Legal Issues

  1. 1 Whether the Respondent willfully disobeyed the orders of the Family and Juvenile Tribunal Court regarding access to the child and school arrangements
  2. 2 Whether service of a formal decree is a necessary precondition for contempt proceedings in this context

Ratio Decidendi

The Respondent, having been present in court and having benefited from the custody order, had actual notice of the judgment and was obliged to comply with its terms, including granting access to the Applicant. Her failure to do so was willful and not excused by the absence of a formal decree. The Applicant proved contempt beyond reasonable doubt.

Court Disposition

Respondent found liable for contempt of court; committal order to be made unless Respondent purges herself of contempt.

Orders

  • Respondent to be given opportunity to purge herself of contempt; failing which, appropriate sanctions will be imposed.
  • Case adjourned to 22nd April 2024 at 9:30am for further orders.