THE REPUBLIC
V.
ROGER EDWARD GILLMAN AND ANOTHER

(2017) JELR 65595 (HC)    
High Court  ·  SUIT NO. CR 250/2017 ·  11 Jul 2017 ·  Ghana
CORAM
ERIC K. BAFFOUR ESQ. JUSTICE OF THE HIGH COURT
Core Terms Beta
applicant
respondent
contempt of court
civil contempt
contempt
interlocutory injunction
current structure
possible sale
charge sheet
orders
orders of the court
supreme court
applicant claim
authority of the court
civil procedure
commercial division of the high court
contempt applications
criminal charge
criminal charges
criminal trial
directors of a company
emergency meeting
evidence act
ex parte karikari
following acts
following order
further publication of defamatory matter
hearing of his application
heart of court of contempt applications
high court
instance of the respondent
interest of fair trial
issue of applicant
issue specific
memorable words of his honour judge curtis
nature of a criminal charge
noble nkrumah j.
oduro numapau
only common law offence
order of committal
paragraph affidavit
party of a crime
prima facie case
prima facie case of contempt
quasi-criminal trial
said order of the court
statement of claim
such acts
such changes

The authority of the court to ensure that its orders are not disrespected or ignored is at the heart of court 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 Applicant has mounted this application under Order 55 of the High Court (Civil Procedure) Rules, C. I. 47 seeking an order of committal for contempt against the Respondent…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login