REPUBLIC
V.
HAMIDU IBRAHIM EXPARTE HABIBA ABDUL RAHMAN

(2016) JELR 107689 (HC)    
High Court  ·  SUIT NO: CR/369/2016 ·  27 Oct 2016 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO
Core Terms Beta
respondent
reasonable doubt
contempt of court
administration of justice
counsel
matrimonial home
only tap
supreme court
fair trial
instant application
only kitchen
peaceful enjoyment of the matrimonial home
respondent’s action
administration of the law
apex court
applicant’s access
applicant’s affidavit
attached photograph
authority of the courts
behalf of the applicant
case law
considered opinion
contempt of court act
criminal offence
effiduase stool affairs
ghanaian courts
instant contempt application
interlocutory injunction
legal requirements
locked padlock of the tap
omission constituent of the offence of contempt
pending action
pending court proceedings
photographs of the locked kitchen door
power of the high court
prejudice parties
respondent’s allegations
superior court
support of the motion

DECISION 

APPLICATION FOR COMMITTAL FOR CONTEMPT 

Introduction/Overview

[1] Any conduct which interferes with or undermines the authority of the Courts and  administration of justice is contempt of court. Oswald on Contempt 3rd Edition defines contempt  of court at page 6 as:

“…..Any conduct that tends to bring the authority and administration of the law into  disrespect or disregards, or to interfere with or prejudice parties, litigants or their witnesses  during litigation”. 

[2] The power of the High Court to punish for contempt is provided in S.10 of the Criminal  Offences Act, 1960 (Act 29) and Articles 19(12) and 126 of the 1992 Republican Constitution of  Ghana.  

[3] It is pertinent to observe that Article 19 Clause 11 of the 1992 Constitution provides and  emphasizes that no person shall be convicted of a criminal offence unless the offence is defined  and the penalty for it is prescribed in a written law. However, the same Constitution, Article  19(12) empowers the court to pu…

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