THE REPUBLIC
V.
NII DODOO NSAKI II, EX PARTE, NII YAOTE OTO GA II

(2018) JELR 107411 (HC)    
High Court  ·  CR/122/2018 ·  2 Nov 2018 ·  Ghana
CORAM
NICHOLAS M. C. ABODAKPI
Core Terms Beta
respondent
order
applicant
motion
conduct
administration of justice
high court
civil contempt
contempt application
criminal contempt
exhibits
legal representation
reasonable doubt
act of resistance
administration of the law
characteristic of contempt applications
civil litigation
civil procedure rules
contempt of this court
court order
definition of contempt
disobedience of a court order
disobedience of an order
else contrary
essential elements
evidence act
evidence of a respondent
existence of a judgment
fair trial of an accused person
ga mantse palace
ga traditional council
john burke
legal arguments
legal submissions
mr. selali woanya
name of the public
name of the republic
nature of contempt
order of a superior court
orders of the court
ors ex parte
osborn’s concise law dictionary
power of this court
prejudice parties
process of a court
said disobedience
stay of execution
successful applicant
terms of the judgment
time line

R U L I N G

1. BACKGROUND

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…

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