THE REPUBLIC v. DR. (MRS) MAXWELL APEAGYEI-GYAMFI & 2 OTHERS, EX PARTE: SUSAN BANDOH
2018
HIGH COURT
GHANA
CORAM
- KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Constitutional Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court (Ghana), per Kweku T. Ackaah-Boafo, considered an application for committal for contempt arising from a land dispute at New Nungua Town extension, Accra. The Applicant had earlier obtained High Court relief, which the Court of Appeal set aside; she then appealed to the Supreme Court, which on 21 July 2015 ordered a stay and preservation of the status quo. The Applicant alleged that the 1st and 2nd Respondents colluded with the 3rd Respondent, Mr. Agyekum, to carry out developments and posted an “Agyekum Presidential Villas” signboard on the land despite the Supreme Court order. The Respondents denied contempt, asserting sale and part-payments occurred before the order and that the 3rd Respondent was not served. Addressing jurisdiction under Articles 125 and 126, and applying Supreme Court authority, the judge held that contempt for breaching a Supreme Court order must be addressed by the Supreme Court. The application was dismissed on jurisdictional grounds without consideration of the merits, with no order as to costs.
DECISION
APPLICATION FOR COMMITTAL FOR CONTEMPT
Introduction:
[1] The denial of liberty of any citizen of our Republic resulting from the charge of contempt is effected in accordance with the principles of fundamental justice. Even though there is no specific law on contempt in Ghana[1], the absence of codification of the law of contempt in Ghana does not in itself violate the principle that there must not be crime or punishment except in accordance with fixed or pre‑determined law. This is because the charge of Contempt of Court in Ghana rests in the concept of the public defiance that accompanies the charge of contempt. To establish contempt in Ghana the Applicant must prove beyond a reasonable doubt that the accused defied or disobeyed a court order, with intent, knowledge or recklessness as to the fact that the public disobedience will tend to depreciate the authority of the court.
[2]. As previously stated by this Court[2] ‘contempt of court is the big stick of civil litigation and because of the serious nature of a contempt finding, a finding should be made sparingly and only in the clearest cut of cases. A direct intention to disobey a Court order or an act to prejudice a pending application is required and it ought to be a willful disregard of the order or prejudice the outcome of a pending suit in the Court’[3].
[3] By a Motion on Notice filed at the registry of this court on 15/03/2017, the Applicant herein is praying the Court to use the “big stick” against the Respondents, “for an order committing the Respondents to prison for Contempt of Court” and be committed to prison not to “ridicule the authority of the courts ever again”.
[4] The Black’s Law Dictionary 8th Edition defines contempt as “conduct that defies the authority or dignity of a Court or legislature. Because such conduct interferes with the administration of justice, it is punishable, usually by fine or imprisonment.” The Oxford Advanced Learner’s Dictionary of Current English by A.S. Hornby (7th Edition) also defines contempt of court as “the crime of refusing to obey an order made by a court; not showing respect for a court or judge.”
ii. So what constitutes contempt in Ghana?
[5] In R v SITO I; EX PARTE FORDJOUR (2001-2002) SCGLR 322 the Supreme Court gave the elements constituting the offence of contempt as that:-
a) there should have been a judgment or order which required the contemnor to do or abstain from doing something;
b) the contemnor knew what