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The Civil Division of the Court of Appeal on the morning of Wednesday, 17th day of April, 2024 has granted the application brought by lawyers of Rev. Kusi Boateng led by the relatively young and respected Bobby Banson for leave to file additional grounds of Appeal against the 2nd May, 2023 ruling of the High Court dismissing a contempt application brought by Rev. Kusi Boateng against the Member of Parliament for North Tongu, Hon. Samuel Okudzeto Ablakwa.
The Court of Appeal heard the application for leave to file additional grounds on Wednesday after it failed to sit on Monday the 15th of April, 2024 the original date slated for the hearing ofthe application. The Court failed to sit on the slated hearing date owing to the indisposition of a member of the panel.
Lawyers for Hon. Okudzeto Ablakwa who were present in Court did not oppose the application though they we bent in moving the Appellate Court to award cost for the delay to the Appeal proceedings occasioned by the application by Rev. Kusi Boateng.
The learned Bobby Banson Esq. moved his application relying on the accompanying affidavit and annexures thereto and explained to the three member panel that the application for additional grounds was necessitated upon the receipt of the record of proceedings from the High Court which refused the application to commit the Member of Parliament to contempt for refusing service and kicking a process from the court upon an attempt to service him.
Mr. Bobby Banson, a Civil Procedure lecturer at the Ghana School of law told the court that the additional ground sought to be added is that of the omnibus ground of appeal which is that the contempt ruling of the High Court Presided by the learned Justice Charles Gyamfi Dankwah is against the weight of evidence.
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Pleased with the representations made by Mr. Banson, the Court of Appeal granted the application but to a cost of GHC2000 cedis, some GHC3000 cedis lower than the amount sought by Counsel for Hon. Okudzeto Ablakwa.
The Court was not moved by arguments by Mr. Banson that the filing of additional grounds will not hamper any defense filed by Mr. Ablakwa nor cause him through his lawyers to submit any further grounds or argument in addition to the already file grounds in support of the contempt ruling of the High Court. Per the Court of Appeal Bench, that argument raised by Mr. Banson does not negate the fact that lawyers for Mr. Ablakwa have been moved to court to offer representation for their client concerning the application and Mr. Banson could have added the ground upon the filing of the Appeal against the ruling.
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The panel ordered Mr. Banson to file the additional ground within 7 days from Wednesday the 17th of April, 2024.
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