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THE REPUBLIC
V.
MESSRS AGU RESOURCES AND ADICOPA FARMS EX PARTE: ABBEYMAN FAMILY

(2016) JELR 65613 (HC)

High Court 21 Apr 2016 Ghana
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- The case involves an application for committal for contempt of court. - Contempt of court is defined as any conduct that undermines the authority of the courts and administration of justice. - The power of the High Court to punish for con

Case Details

Suit Number:CASE NO. BMISC 52/2016
Judges:KWEKU T. ACKAAH-BOAFO JUSTICE OF THE HIGH COURT
Counsel:HON. AYIKOI-OTOO FOR THE APPLICANTS,MR. ROCKSON DAFEAMEKPOR FOR THE 1ST RESPONDENT ,MR. LIVINGSTONE DEY FOR THE 2ND RESPONDENT
Other Citations:(2016) JELR 107690 (HC)

JUDGMENT

DECISION ON APPLICATION FOR COMMITTAL FOR CONTEMPT

Introduction:

[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] In National Union of Seamen V. TUC [1982-83] GLR 943, it was held that:

“a refusal or neglect to do an act required by a court order within a specified time or the disobedience to an order requiring a person to abstain from doing a specified act amounted to a civil contempt.”

[3] 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.

[4] Although Article 19(11) enacts that no person s…

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