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REPUBLIC
V.
ASARE; EX PARTE: IBRAHIM JAJAH {APPLICANT}

(2019) JELR 65182 (HC)

High Court 20 Jun 2019 Ghana
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- Application for committal for contempt was dismissed on the ground that the Applicant lacked capacity, as he failed to establish a valid Power of Attorney authorizing him to act on behalf of the family. - The court reaffirmed that in cont

Case Details

Suit Number:SUIT NO: CR/178/2019
Judges:KWEKU T. ACKAAH-BOAFO, J
Counsel:MR. KWAME FOSU-GYEABOUR FOR THE APPLICANT PRESENT MR. ALFRED PAAPA DARKWAH FOR THE RESPONDENT PRESENT

JUDGMENT

ACKAAH-BOAFO, J.

APPLICATION FOR COMMITTAL

[1] Contempt of Court is the mechanism which the law provides for the protection of the authority of the court from improper interference. Contempt arises in many ways but includes a breach of a court order, an attempt to obstruct the administration of justice, a deliberate attack upon the integrity of a court or a judge that interferes with proceedings, or some other form of conduct not foreseeable. Contempt of court is part of a court's inherent jurisdiction and, as it is not precisely prescribed or enacted, should be exercised with scrupulous care and only when the circumstances are clear and beyond reasonable doubt.

[2] 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 4…

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