JUDGEMENT
Quaye JA delivered the first judgment at the invitation of Owusu JA. This appeal centrally turns on whether an application for attachment for contempt arising from disobedience of a judgment of a court is cognisable under Order 59, r 21(2) of the High Court (Civil Procedure) Rules, 1954 (LN 140A). The said rule states:
“(2) This rule applies to cases where the contempt is committed—
(a) in connection with proceedings to which this Order relates;
(b) in connection with any proceedings in Court, except where the contempt is committed in facie curiae or consists of disobedience to an order of the Court;...”
(The emphasis is partly mine.)
The parties herein are opposing factions in the chieftaincy affairs at Bonyere in the Nzema District of the Western Region of Ghana. The applicant-respondent (hereinafter referred to as the respondent) in this appeal, filed a motion ex parte in the High Court for leave to attach the respondent-appellants (hereinafter referred to as the appellants) f…