R U L I N G
The motion to commit Respondent for contempt of this Court has been filed on 22/02/2018, there is an affidavit in support, and annexed are seven Exhibits. The Respondent has been duly served, and the record showed that he has legal representation throughout.
2. THE NATURE OF CONTEMPT AND PROOF OF IT
(i) In ORDER 50 of the High Court, Civil Procedure Rules, 2004, C.I. 47, the procedure to follow in contempt application is clearly spelt out.
Article 126 Clause 2 of the 1992 Constitution provides for the power of this Court to deal with contempt application.
(ii) In OSBORN’S concise Law Dictionary [by John Burke] it is defined as: “failure to comply with an order of a superior court, or an act of resistance or insult to the Court or the Judge. Conduct likely to prejudice the fair trial of an accused person, punishable by fine or committal to prison.”
(iii) The definition of contempt as found in OSWALD’S contempt reads:
“To speak generally, contempt o…