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REPUBLIC
V.
MOFFAT AND OTHERS; EX PARTE ALLOTEY

(1971) JELR 84763 (HC)

High Court 16 Jul 1971 Ghana
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- The High Court held that willful conduct interfering with pending judicial proceedings constitutes contempt of court, even absent a formal stay order or personal service, once the party has knowledge of the proceedings. - The court affirm

Case Details

Judges:ABBAN J.
Other Citations:[1971] 2 GLR 391 - 403

ABBAN J.

This application was brought under Order 59, r. 21 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), calling upon the respondents to show cause why they should not be attached for contempt. The rule reads as follows:

"21. (1) The procedure in applications for attachment for contempt of court in the cases to which this rule applies shall be the same as in applications for an order of mandamus and rules 2, 4, 5 and 6 of this Order shall apply accordingly to applications for attachment, so far as they are applicable:

Provided that the issue of the writ of attachment shall not be ordered by a Judge in Chambers, and the notice of motion shall be personally served unless the Court or a Judge dispenses with such service.

(2) This rule applies to cases where the contempt is committed—

(a) in connection with proceedings to which this Order relates;

(b) in connection with any proceedings in Court, except where the contempt is committed in facie curiae or consists of di…

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