The case of Addo v Kumi [1971] 1 GLR 25 was a civil suit in the High Court of Ghana, where the defendant-appellant applied for an order to attach the plaintiff-respondent and the deputy sheriff for contempt. The plaintiff had obtained a judgment for ejectment against the defendant in the District Court, and the defendant had lodged an appeal. The plaintiff then applied for and obtained a writ of possession from the same court, which was executed by the deputy sheriff and the plaintiff was put into possession of the premises. The defendant argued that this was in violation of the High Court (Civil Procedure) (Amendment) Rule, 1969 (L.I.619), which provided that an appeal operated automatically as a stay of execution unless the court granted leave to go into execution. The High Court dismissed the application for contempt, holding that the plaintiff and the deputy sheriff acted in good faith and relied on the writ of possession issued by the magistrate, which was deemed to be an order granting leave to go into execution. The court also held that there was no evidence of any intention to interfere with or obstruct the due course of justice.
The relevance of this case is that it illustrates the application and interpretation of L.I.619, which was a procedural rule that aimed to prevent abuse of process and injustice in civil cases. The case also shows the importance of respecting the orders of the court and avoiding any conduct that may amount to contempt. The case also highlights the role and responsibility of the deputy sheriff in executing writs of possession and other judicial processes.
(1) IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT OF … – GHALII. https://media.ghalii.org/files/judgments/ghasc/2014/122/2014-ghasc-122.pdf.
(2) IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT ACCRA … – GHALII. https://media.ghalii.org/files/judgments/ghasc/2020/57/2020-ghasc-57.pdf.
(3) Cases – Constitutional Litigation IN Ghana – Studocu. https://www.studocu.com/row/document/central-university-ghana/constitutional-law/cases-constitutional-litigation-in-ghana/43748661.
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