THE REPUBLIC v. KWABENA AMPOFO APPIAH, EDWARD AWUAH & JACOB BEECHAM EX PARTE: MRS. PATIENCE ATTA-AFFRAM
2018
HIGH COURT
GHANA
CORAM
- Kweku T. Ackaah-Boafo
Areas of Law
- Civil Procedure
- Employment Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves an application for committal for contempt filed by the Applicant against the Respondents, officials of the State Housing Company (SHC), for willfully disobeying a court order. The Applicant alleged that despite a favorable court judgment granting her possession of a house and subsequent orders, the Respondents forcibly evicted her from the property. The Respondents denied the accusations, citing lack of knowledge of the order and asserting that the property had been allocated to a municipal assembly. The court found that the Respondents' actions of allocating the property during the pendency of the suit and their non-compliance with the court order were willful and undermined the court's authority. The court held the 1st and 2nd Respondents in contempt, imposing a fine of GH¢15,000 each or 21 days in jail in default, while acquitting the 3rd Respondent. The decision underscored that contempt proceedings serve to protect the administration of justice and that public officials are not above the law.
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, 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.
[2] As previously stated by this Court ‘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.
[3] 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.”
[4] The Applicant has mounted this application under Order 50 of the High Court (Civil Procedure) Rules, C.I. 47 seeking an order of committal for contempt against the Respondents. The grounds for the application have been catalogued in the supporting affidavit and the later supplementary affidavit that accompanied the application.
ii. Background & Affidavit Evidence of the Application:
[5] The Applicant’s accuses the Respondents for failing to respect the judgment of this Court differently constituted. The Applicant’s contention articulated in the affidavit in support of the application filed on October 19, 2018 is that by an amended writ of summons filed on the 10th day of January, 2018 she prayed the Court for certain judicial reliefs including:
a) A declaration that the Plaintiff is entitled to be allocated a house by the Defendant under the Staff Housin