THE REPUBLIC v. MESSRS AGU RESOURCES AND ADICOPA FARMS, EX PARTE: ABBEYMAN FAMILY
2016
HIGH COURT
GHANA
CORAM
- KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Criminal Law and Procedure
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court evaluated an application for committal for contempt filed by the Applicant family against the Respondents, who were alleged to have continued construction on disputed land contrary to court orders. Despite evidence and witness testimonies presented, the court found that the Applicants failed to establish the Respondents' guilt 'beyond reasonable doubt' due to uncertainties regarding the timing and authenticity of construction activities. Referring to prior cases and legal standards, the court reiterated the necessity for strict proof in contempt charges and ultimately acquitted the Respondents.
JUDGMENT
DECISION ON APPLICATION FOR COMMITTAL FOR CONTEMPT
Introduction:
[1] Any conduct which interferes with or undermines the authority of the Courts and administration of justice is contempt of court. Oswald on Contempt 3rd Edition defines contempt of court at page 6 as:
“…..Any conduct that tends to bring the authority and administration of the law into disrespect or disregards, or to interfere with or prejudice parties, litigants or their witnesses during litigation”.
[2] In National Union of Seamen Vrs. TUC [1982-83] GLR 943, it was held that:
“a refusal or neglect to do an act required by a court order within a specified time or the disobedience to an order requiring a person to abstain from doing a specified act amounted to a civil contempt.”
[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] Although Article 19(11) enacts that no person shall be convicted of a criminal offence unless the offence was defined and the penalty thereof prescribed in a written law, Clause 12 of Article 19 nevertheless stipulates that the superior courts reserve the power to punish a person for contempt notwithstanding that the acts or omissions constituting it, is not defined in a written law and the penalty thereof is not so prescribed.
[5] What constitutes contempt has been considered in legion of decided cases. It was judicially articulated in IN RE: EFFIDUASE STOOL AFFAIRS (No.2) EX PARTE AMEYAW II (1998-99) SCGLR 639 @ 660 where the Supreme Court speaking through ACQUAH JSC (as he then was) 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.”
[6] Now, upon a Motion on Notice filed in this registry on October 23, 2015 the Applicant family seek an order of this court committing the Respondents (by their Directors/Officers) cited herein for contempt as per the grounds set out in the accompanying affidavit. The thrust of the application as premised on the averments contained in the supporting affidavit is that notwithstanding the refusal of the Court presided over by Elizabeth Ankumah, J to grant permission to mobilize material to a site and commence constructional works on a piece of land, t