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THE REPUBLIC
V.
FRANCIS L.A. BROWN AND FRANCIS KPAKPO BROWN EX PARTE: VICTOR AGGOE BRIANDT

(2018) JELR 65957 (HC)

High Court 27 Nov 2018 Ghana
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- The Applicant, head of the Osu Blogrodo family, moved for committal for contempt against the Respondents (head and member of the Brown family), alleging that they wilfully disobeyed court-sanctioned Terms of Settlement by refusing access

Case Details

Suit Number:SUIT NO: CR/517/2018
Judges:KWEKU T. ACKAAH-BOAFO JUSTICE OF THE HIGH COURT
Counsel:ANDREWS TETTEH FOR THE APPLICANT ,ABENA DUMA AIDOO HOLD BRIEF SOMUAH ASAMOAH FOR THE RESPONDENT

DECISION

APPLICATION FOR COMMITTAL FOR CONTEMPT

i. Introduction:

[1] This matter was originally scheduled for Thursday, November 22, 2018. On the said day however, the Respondents did not attend Court. The issued Bench Warrants but same were later rescinded when the Respondents came to Court at about 2pm with their Counsel.

I start this decision with a quote of Lord Byron (1788-1824) a rather flamboyant former member of the British House of Lords. He is credited with the statement that: “He who holds no Laws in awe, He must perish by the Law”. Put simply, ordinarily, the law must be obeyed, no matter the circumstances.

[2] The learned (and one of the respected jurists in the Common Law tradition) Lord Denning MR in the case of BRADBURY v. ENFIELD LONDON BOROUGH COUNCIL [1967] 1 W.L.R. 1311 @ 1324 stated:

“Even if chaos should result, still the law must be obeyed”.

[3] Contempt of Court is the mechanism which the law provides for the protection of the authority of the court from improper inte…

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