THE REPUBLIC v. IBRAHIM JAJAH; EX PARTE MR. ASAFO ADJEI AND MRS. ASAFO ADJEI

INTRODUCTION

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 11th

March 2022, pursuant to Order 50 Rule 1 of the High Court [Civil

Procedure] Rules, 2004 CI 47.

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”.

Thus, the first type of contempt is where there is a pending motion,

seeking to restrain the parties from interfering with the status quo;

And the second scenario deals with the willful disobedience of a pending

order or judgment of the court.

Parties’ Submissions

APPLICANT’S CASE

In a 14-paragraph affidavit in support of the motion, Applicant, Juliet

Asafo Adjei, deposed that Respondent continued to trespass on the land,

the subject matter of a suit, despite the pendency of an interlocutory

injunction before a Court (differently constituted) in suit number

LD/0749/2019, entitled Mr. Asafo Adjei and Mrs. Asafo Adjei vrs

Ibrahim Jajah. Attached to the instant motion as Exhibit A is a copy of the

motion dated 24th May 2019, praying for an Order of Interlocutory

Injunction to restrain the Defendant, his workers, agents, assigns privies

and any other persons claiming by, through or under the Defendant from

interfering with the land in dispute in any way until the final

determination of the suit.

Also attached as Exhibit C is an affidavit of posting dated 21st November

2021, indicating that the motion was duly served on the Respondent by

way of substituted service, pursuant to an order of the Court.

It is Applicant’s deposition that despite the service of Exhibit A,