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JUDGMENT
The Applicant by a motion on notice filed an application on the 16th day of
December,2020 for an order to commit the Respondent to prison for Contempt of court
pursuant to Order 50 rule 1of the High Court (Civil Procedure) Rules, 2004 (C.I 47).
It is the case of the Applicant that he was the Plaintiff in suit No. A5/4/2020, commenced
at the District Court, Winneba by way a Writ of Summons against the Respondent, then
the Defendant therein per Exhibit Aand claimed as follows:
(i) A declaration that the contents of the Press Conference are defamatory
(ii) An order directing the Defendant to render an unqualified apology to the
Plaintiff through the same modus the defamatory statements were
published.
(iii) An order of perpetual injunction restraining the Defendant from further
authoring and publishing any defamatory statement against the Plaintiff.
(iv) General damages of the Twenty Thousand Ghana Cedis
(GH¢ 20,000.00)
(v) Cost
According to the Plaintiff the District Court, Winneba on 28th say of August, 2020,
determined the matter in his favour per Exhibit Band the court ordered the Respondent
to retract the defamatory press statement issued on 17th March, 2020 and render an
apology to him between 28th August 2020 and 31st August 2020 and duly served on the
Respondent per Exhibit C.
The Applicant further stated that the Respondent filed a Notice of Appeal per Exhibit D
and also filed a motion for stay of execution pending appeal but same was dismissed
per Exhibit E. The Respondent further filed a repeat application for stay of execution
pending appeal before this Honourable Court but same was dismissed per Exhibit F.
According to the Applicant, notwithstanding the service of the order of the District
Court, Winneba on the Respondent herein, the Respondent has failed, refused to
comply with the order of the District Court, Winneba, to render an unqualified apology
to the Applicant and also retract the defamatory statement.
The Applicant contends that, the conduct of the Respondent constitutes a deliberate
disregard of the order of the District Court and thus bringing the administration of
Justice into ridicule and that he will continue to disrespect the orders of the court unless
committed for contempt of court.
In his affidavit in opposition to the motion, the Respondent stated that the application
was incompetent and same must be dismissed. The Respondent further contends that
he is a law – abiding citizen and has not cond