THE REPUBLIC v. JUSTICE HAGAN, EX PARTE: KWADWO KANPORDIMA & SARAH KANPORDIMA
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Criminal Law and Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicants sought to commit the Respondent for contempt, alleging willful disobedience of a court order in a land dispute. The Respondent denied the allegations, stating that he legally owned the land and had not conducted recent constructions. The Court held that the Applicants failed to provide sufficient evidence to prove contempt beyond a reasonable doubt, particularly noting that service of the order and penal notice were not properly executed. The Respondent's denial and lack of concrete evidence from the Applicants led to the dismissal of the contempt application, resulting in the acquittal and discharge of the Respondent.
DECISION
APPLICATION FOR COMMITTAL FOR CONTEMPT
i. Introduction:
[1] 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 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 October 2, 2018, the Applicant herein is praying the Court to use the “big stick” against the Respondents, “for an order to commit the Respondents herein for Contempt of this Honourable Court”.
[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.”
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 precisely he was expected to do or abstain from doing; and
c) that he