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THE REPUBLIC
V.
HIGH COURT, JUDGE KUMASI EX-PARTE: HANSEN KWADWO KODUAH

(2015) JELR 68951 (SC)

Supreme Court 4 Jun 2015 Ghana
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- Supreme Court held that under Article 126(2) of the 1992 Constitution, each superior court (Supreme Court, Court of Appeal, High Court) has exclusive power to punish for contempt of itself; thus, the High Court acted without jurisdiction

Case Details

Suit Number:CIVIL APPEAL NO. J5/10/2015
Judges:ANSAH JSC (PRESIDING), ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS) JSC
Counsel:STEPHEN ALEWABA ESQ. FOR THE APPLICANT; KWASI AFRIFA ESQ. FOR THE INTERESTED PARTY.

JUDGEMENT

AKOTO-BAMFO JSC

On the 19th of January 2015, Adzagli J sitting at the High Court in Kumasi, in giving a ruling in a motion on notice for an order committing for contempt the applicant herein and I other, delivered himself thus:

“If it is for the sake of monetary gain that the 1st Respondent went beyond his professional duties to commit such grave contemptuous acts, it will be the unpleasant duty of this Court to deny him the fruits of that unlawful venture to serve as a deterrent. For this reason the Respondents are each sentenced to a fine of GH¢50,000.00 or in default 3 months imprisonment each.

I further order the Respondents to return all the machinery the subject matter of the preservation order to the place of preservation within 2 weeks if this has not already been done or pay the sum of GHC 1,500,000.00 being the cost of the said machinery.”

The applicant registered his protest against the orders of the High Court by promptly filing, firstly, a Notice of Appeal and second…

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