Try asking the following...
JUDGMENT
INTRODUCTION
In the case of the Republic v. Mensa-Bonsu & Others; Ex Parte AttorneyGeneral [1995-96] 1 GLR 377@403, the learned Adade JSC (as he then was)
stated as follows:
“There are different forms of contempt. Underlying all of them, however,
is one basic notion, that the roadways and highways of public justice
should at all times be free from obstruction. Conduct which tends to create
such an obstruction constitutes contempt. Thus, interfering with witnesses
or jurors; frightening off parties to litigation; refusing to answer questions
in court; commenting on pending proceedings in such a manner as to
prejudice the outcome; running down the courts and the judges; refusing
to obey an order of a court; any of these, if calculated to, or tend to,
impede or obstruct the course of justice will constitute contempt. And
conduct complained of therefore must be viewed and assessed against the
backdrop of this basic principle”.
The matter before the Court is a motion on notice for an Order of
Committal for Contempt of Court, filed at the Registry of this Court on 4
th
March 2022, pursuant to Order 50 Rule 1 of the High Court [Civil
Procedure] Rules, (2004) CI 47.
Parties’ Submissions
APPLICANT’S CASE
In a 32-paragraph affidavit in support of the motion, Applicant, Frank
Amoako Atuobi, deposed, inter alia, that 1
st and 2nd Respondents have
unlawfully entered onto land, the subject matter of a pending litigation at
the Weija Circuit Court, in Suit entitled David Noye vrs Frank Amoako
Atuobi, with Suit Number C1/81/2020.
It is his further deposition that he filed a Motion on Notice for an Order of
Interlocutory Injunction in the said civil suit, which motion was served on
the Respondents.
In paragraph 20 of the affidavit in support of the motion, deponent
averred that “… Respondents are making all efforts to hurriedly complete
the building project on the disputed land notwithstanding the pendency of
the suit as well as the pendency of the application for Interlocutory
Injunction”.
In paragraph 27, deponent again averred that ‘… by aggressively building
and harassing me on the land despite having full knowledge of the
pendency of the suit as well as the Application for Interlocutory
Injunction, the Respondents are exhibiting conduct which shows wanton
disrespect and total disregard for the authority of the Court and the justice
administration system of this country”.
He prayed for an order of committal for contempt of t