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JUDGMENT
This application for Contempt is brought by the Defendant/Applicants herein on the
8/08/2022 against the plaintiff/respondents.
The motion for Committal sought to invoke the jurisdiction of the court pursuant to
Order 50 of the High Court (Civil Procedure) Rules, 2004 C.I. 47 and Section 36 of the
Courts Act, Act 459 seeking the committal of the respondents to prison for contempt
of the Honorable Court for their obvious disregard for the Honorable Court’s
authority.
“The courts must not only enjoy the respect and confidence of the people among whom they
operate, but also must have the means to protect that respect and confidence in order to
maintain their authority. For this reason, any conduct that tends to bring the authority and
administration of the law into disrespect or disregard or to interfere in any way with the course
of justice becomes an offence not only against the courts but against the entire community
which the courts serve, such conduct constitute the offence of contempt of court, and the courts
are vested with the power of dealing with it in a manner that is almost arbitrary, for this reason,
the power is rarely invoked and only when the dignity, respect and authority of the courts are
seriously threatened. It has been said that these powers are given to the courts (and the judge)
to keep the course of justice free; power of great importance to society, for the exercise of them
law and order prevail; those who are interested in wrong are shown that the law is irresistible.”-
per AKOFFU-ADDO CJ, in REPUBLIC V. LIBERTY PRESS LD (1968) GLR 123 found at
page 135, this decision was cited by KULENDI JSC recently in the case of REPUBLIC V.
HIGH COURT (LAND DIVISION) ACCRA EXPARTE; KENNEDY OHENE
AGYEPONG (APPLICANT) SUSAN BANDOH (INTERESTED PARTY) (2020) DLSC
9895 page 18.
CASE OF THE DEFENDANT/APPLICANTS
The case of the applicants as deposed to by one Torgbui Hayibor II of Netsikope in
the Volta Region of Ghana on behalf of the applicants have it that, he has the consent
as the 3rd defendant/applicant herein to depose to the matters contained in the 32
paragraph affidavit on behalf of the 1st and 2nd defendant/applicants. According to
him the 1st defendant/applicant is the present head of the Daglama-Dugah family of
Demekorfe-Kpelikope and Netsikope and has brought the instant action on behalf of
his family. The 2nd defendant is the Chief of Demekope who also doubles as a principal
elder of the Daglama-Dugah family