REPUBLIC
V.
ALBERT EKUBAN EXPARTE FRANCIS BEKOE

(2016) JELR 107670 (HC)    
High Court  ·  SUIT NO: CR/523/2016 ·  8 Dec 2016 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO
Core Terms Beta
respondents
order
applicant
declaration of title
reasonable doubt
high court accra
circuit court
contempt of court
arguments of counsel
ex parte ameyaw ii
ex parte fordjour
government land
instant application
written law
1st respondent
background of the case
certified copy of the ruling
civil procedure
common knowledge
courts act
criminal offence
defendant’s counsel
dignity of the court
francis ayiku bekoe
ghanaian courts
half feet of defendant
high court
identity of the land
kweku t. ackaah-boafo
opinion raises doubt
order of court
owners of the land
parcel of land
power of the high court
presiding judge
residential area
respectful opinion
respectful view
respondents’ conduct amounts
s10 of the criminal offences act
secretary of state
statement of claim
supreme court
surveyor’ evidence

DECISION 

APPLICATION FOR COMMITTAL FOR CONTEMPT 

Introduction

[1] The power of the High Court to punish for contempt is provided in Articles 19(12) and 126  of the 1992 Republican Constitution of Ghana, and re-enacted in S 36 of the Courts Act, 1993 (Act  459) as amended; S10 of the Criminal Offences Act, 1960 (Act 29) and Order 50 of the High Court (Civil Procedure) Rules, 2004 (CI 47). Order 50 of CI 47 sets the parameters by which an  Applicant may move the court for an order for an attachment for contempt of court. 

[2] It is instructive to note that Article 19 Clause 11 of the 1992 Constitution provides and  emphasizes that no person shall be convicted of a criminal offence unless the offence is defined  and the penalty for it is prescribed in a written law. However, the same Constitution, Article  19(12) empowers the court to punish for contempt notwithstanding that the act or omission  constituting it is not defined in a written law and the penalty thereof not so prescribed.  …

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