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THE REPUBLIC
V.
ELIZABETH NORLEY OKANTEY AND OTHERS

(2017) JELR 68171 (HC)

High Court 20 Jun 2017 Ghana
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- The case involves an application for contempt of court under Order 55 of the High Court (Civil Procedure) Rules. - The Applicant alleges that the Respondents disobeyed an oral order of mandatory injunction and completed the construction o

Case Details

Suit Number:SUIT NO. CR CR 228/17
Judges:ERIC K. BAFFOUR ESQ. JUSTICE OF THE HIGH COURT
Counsel:PRINCE NII ASHIE NEEQUAYE ESQ FOR THE APPLICANTS PRESENT

BAFFOUR, J.

I begin this ruling with the words of Lord George Gordon Byron, an English Romantic poet (1788-1824) that:

“He who holds no law in awe, he must perish by the law”.

And the great English dramatist, William Shakespeare, in his work, the Rape of Lucre notes that:

“sparing justice feeds iniquity”

The authority of the court to ensure that its orders are not disrespected or ignored is at the heart of court of contempt applications. As noted by Atuguba JSC IN RE KWABENG STOOL, REPUBLIC v. BROWN; EX PARTE KARIKARI [2005-2006] SCGLR 35@41 and relying on the English authority of JENNISON v. BAKER [1972] 1ALR 997 @1005-1006 CA that:

“if the orders of the court can deliberately be set at naught by a litigant employing for her own personal advantage such means as were here resorted to and if indeed it be the case that she has to go unpunished for her contumacy, justice vanishes from the horizon and the law is brought into disrepute... in the memorable word of his honour Judge Curtis –Raleig…

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