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March 27, 1980
HIGH COURT
GHANA
CORAM
JUDGMENT OF OKUNOR J.
This is an application brought under Order 59, r. 21 (1) of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), calling upon the respondents to show cause why they should not be attached for contempt of court. The said rule provides:
"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."
The cases to which this rule applies are listed in sub-rule (2) which reads:
"(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 disobedience to an order of the Court;
(c) in connection with proceedings in an inferior court.”
The material facts as disclosed by the affidavit supporting the application for the order of attachment and indeed confirmed by material in the court docket are that on 14 August 1979, the applicant sealed a writ of summons in this court in which the following claims were indorsed:
"(a) A declaration that as between the plaintiff and the second defendant, the plaintiff is the proper person according to custom and the regulations of the church of the Musama Disco Christo Church (M.D.C.C.) to succeed Prophetess Matholmua Jehu Appiah;
(b) Perpetual injunction restraining the defendants from performing any functions or duties performed by the national queenmother of the said church."
Two days later, she followed up the writ with a motion on notice:
"for an order of interim injunction restraining the defendants herein from having anything to do with regards to the succession case herein on the grounds set out in the supporting [p.401] affidavit attached pending the hearing and the final determination of this case."
The applicant then filed her statement of claim and then on 24 August 1979 after all the processes mentioned above had been served on the respondents and they had entered appearance in the main suit, the motion for interim injunction came up for determination but co
AI Generated Summary
The High Court, per Okunor J., addressed a contempt application arising from internal church discipline imposed during ongoing civil litigation. The applicant, a prophetess of the Musama Disco Christo Church (MDCC), had sued seeking a declaration to succeed Prophetess Matholmua Jehu Appiah and an injunction against church leaders, including Akaboha III. While her interim motion and the main suit were pending, the MDCC general secretary, Rev. S. O. Imbeah, issued a letter suspending her indefinitely as prophetess, citing her court action and refusal to attend church arbitrators. The court analyzed contempt principles, emphasizing that the objective is to protect the administration of justice, and held that the suspension prejudiced the applicant, chilled witnesses, and would stultify any future court orders because suspended members lose church privileges. The court adjudged most respondents in contempt, withdrew against some not served, declined to enforce an uncommunicated undertaking, and stayed execution for 48 hours to allow purgation.