THE REPUBLIC v. JOSEPH NII MENSAH ASHONG, EX PARTE: MAGNUS AL DE SOUZA
June 14, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
June 14, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court judgment by Justice Kweku T. Ackaah-Boafo concerns an application to commit Kelvin Ofori Atta for contempt, brought by Ashong Sowah Din, acting Head of the Tsie-We Family of Teshie. The Applicant alleged that Ofori Atta was developing land at Okpoi Gonno, Airport East, Accra, in defiance of prior judgments restraining interference with the Tsie-We family’s ownership. The Respondent denied knowledge, asserting a distinct title acquired by his late mother and a 2008 High Court declaration in her favor, with later grant to Coupbay Company Ltd. Applying the quasi-criminal standard of proof, the court held that as a non-party, Ofori Atta had to be personally served with the judgment(s) indorsed with a penal notice under Order 43 of CI 47. Finding no evidence of such service and noting uncertainty about the land’s identity, the court dismissed the application and acquitted and discharged the Respondent.
JUDGMENT
APPLICATION FOR COMMITTAL FOR CONTEMPT
i. Introduction:
[1] The Applicant has brought this application on his own behalf and on behalf as the Head of Tsie-We Family of Teshie against the Respondent to vindicate the law and its sanctions. He accuses the Respondent of breaking the law by disrespecting a judgment of the court, thereby bringing the administration of justice into disrepute.
[2] The Black’s Law Dictionary, the 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.”
[3] The power of the High Court to punish for contempt is provided in S.10 of the Criminal Offences Act, 1960 (Act 29) and Articles 19(12) and 126 of the 1992 Republican Constitution of Ghana.
[4] There is no codified legislation in Ghana that defines the act or omission that constitute the offence of contempt. It therefore sounds to reason that Ghanaian courts resort to case law to resolve any issue regarding contempt when confronted with one.
[5] The Supreme Court confirmed the non-codified nature of contempt in Ghana in the case of IN RE: EFFIDUASE STOOL AFFAIRS (No.2) EX PARTE AMEYAW II (1998-99) SCGLR 639 @ 660 when His Lordship Acquah JSC (as he then was) stated that:
“My lords, contempt of Court is the only common law offence still known to our law, as same is saved by article 19(12) of the 1992 Constitution and Section 10 of the Criminal Code, 1960 (Act 29). And unlike other countries where the offence is codified like the English Contempt of Court Act of 1981, ours is still case law”.
[6] The Learned jurist, Acquah JSC (as he then was) in the same case EX PARTE AMEYAW II SUPRA further judicially articulated what constitutes contempt when he summed up the law in an apt and concise manner as follows:
“In brief, contempt is constituted by any act or omissions tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority.”
[7] In R v SITO I; EXPARTE FORDJOUR (2001-2002) SCGLR 322 the Supreme Court further gave yet another dimension to the definition of contempt. Their Lordships gav