Ratio Decidendi



REPUBLIC
V.
DISTRICT COURT GRADE I, DUNKWA-ON-OFFIN; EX PARTE OWUSU

(1988) JELR 69886 (HC)    
High Court  ·  22 Jan 1988 ·  Ghana
 · 
Other Citations
[1991] 1 GLR 136
CORAM
KPEGAH J.

Ratio Decidendi

Core Terms Beta
inferior court
judgment of the district court
land case
censorial power
said court
district court
grounds of lack of jurisdiction
contempt of the district court
inferior courts
county court judge
best known exposition of the law
district courts
inherent powers
jurisdiction of a superior court
different thing
high court
county judge
such assumptions of jurisdiction
adversary of the applicant
contempt
words of quain j.
interested party
local newspaper
jurisdiction of an inferior court
contempt proceedings
applicant
allegations of contempt
superior court of record
committed ex facie curiae
mr asiam
superior courts
face of the court
kpegah j.
case
instant case
court of superior jurisdiction
magistrate
administration of justice
ex parte jolliffe
application
powers
adu
inferior courts of record
conceivable legal objection
jurisdiction
administration of the law
order
power
cockburn c.j.


KPEGAH J.: This application raises the issue whether an inferior court can commit a person for contempt committed ex facie curiae. The applicant was alleged to have violated an order embodied in a judgment of the district court in a land case which was before the said court. The adversary of the applicant then brought a motion in the district court seeking to have the applicant committed for contempt of the district court in not obeying its express orders. The magistrate demonstrated a determination to proceed with his investigations into the allegations of contempt. The applicant, therefore, brought an application for an order of prohibition against the said court on grounds of lack of jurisdiction. Mr Asiam who appears for the interested party, that is the applicant before the district court in the contempt proceedings, honourably conceded the point. There was no appearance for the magistrate by the Attorney-General. Although the point was conceded, I decided to give a ruling since …

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