THE REPUBLIC v. JOSEPH NII MENSAH ASHONG, EX PARTE: MAGNUS AL DE SOUZA
January 25, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Evidence Law
- Criminal Law and Procedure
January 25, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court, per Justice Kweku T. Ackaah‑Boafo, considered an application to commit the Respondent for contempt arising from a pending land dispute in the Land Division. On 21 June 2017, the Applicant commenced suit and filed an interlocutory injunction to restrain interference with his land. The Respondent admitted in his affidavit opposing the injunction that he was building. The Applicant tendered dated photographs showing construction progressing in July and August 2017 while the motion awaited hearing. The Respondent contested the authenticity of the photographs, claimed he ceased work upon service, and pointed out the original writ’s dismissal by Land Court 7 on 21 November 2017, followed by a new writ on 23 November 2017. Applying Ghanaian contempt doctrines, a strict reasonable‑doubt standard, and logical inferences from the exhibits, the Court found that construction continued after service, thereby prejudicing the pending application. The Court convicted the Respondent for contempt and imposed a fine of GH21,500, with seven days’ imprisonment in default.
APPLICATION FOR COMMITTAL FOR CONTEMPT
Introduction:
[1] Contempt of Court is the mechanism which the law provides for the protection of the authority of the court from improper interference. Contempt arises in many ways but includes a breach of a court order, an attempt to obstruct the administration of justice, a deliberate attack upon the integrity of a court or a judge that interferes with proceedings, or some other form of conduct not foreseeable. Contempt of court is part of a court's inherent jurisdiction and, as it is not precisely prescribed or enacted, should be exercised with scrupulous care and only when the circumstances are clear and beyond reasonable doubt.
[2] The denial of liberty of any citizen of our Republic resulting from a 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 undermine and attenuate the authority of the court.
[3] 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].
[4] 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.”
[5] The Applicant has mounted t