The authority of the court to ensure that its orders are not disrespected or ignored is at the heart of contempt applications. As noted by Atuguba JSC IN RE KWABENG STOOL, REPUBLIC v. BROWN; EX PARTE KARIKARI [2005-2006] SCGLR 35@41 and relying on the English authority of JENNISON v. BAKER [1972] 1AELR 997 @1005-1006 CA that:
“if the orders of the court can deliberately be set at naught by a litigant employing for her own personal advantage such means as were here resorted to and if indeed it be the case that she has to go unpunished for her contumacy, justice vanishes from the horizon and the law is brought into disrepute... in the memorable words of his honour Judge Curtis –Raleigh:” the law should not be seen to sit by limply while those who defy it go free and those who seek its protection lose hope”.
The Applicants have mounted this application under Order 50 of the High Court (Civil Procedure) Rules, C. I. 47 seeking an order of committal for contempt against the Respondents. The …