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JUDGMENT
I find it appropriate to commence this Judgment with the words of Lord Morris in the case of Attorney-General v Times Newspaper Ltd [1974] AC 273 @ 302, HL where the Learned Judge stated,
"in an ordered community courts are established for the pacific settlement of disputes and for the maintenance of law and order. In the general interest of the community, it is imperative that the authority of the courts should not be imperiled and that recourse to them should not be subject to unjustifiable interference. When such unjustifiable interference is suppressed, it is not because those charged with the responsibilities of administering justice are concerned for their own dignity: it is because the very structure of ordered life is at risk if the recognized courts of the land are so flouted that their authority wanes and is supplanted”
The power to punish for contempt is a judicial whip entrusted to the custodian of the justice delivery system to correct members of the public who by their actions or words deliberately seek to undermine administration of justice as noted in the case of Parashuram Detaram Sham Dasani vrs. The King Emperor per Lord God dard [1945] AC 214.
Per an application filed on the 15th day of January 2025, the Applicant herein, prays the Court to commit the Respondent herein, to prison for contempt of Court. The basis of the prayer as set out in the affidavit in support of the originating motion is that the applicant instituted an action at the kwabenya Circuit court against Respondent and two others in suit numbered. GR/KB/CCT/ A2/24/2024 INTITULED; MONYO MICHAEL WEDZI V REDEEMER R.K. GANOO, SAVIOUR KWADZO GAVOR AND DANIEL ADU FRIMPONG for the following reliefs:
“A. An order directed at the defendants to release the vehicle to the Plaintiff. b. An order of specific performance directed at the 1st Defendant. C. Special damages of two thousand Ghana cedis (GHC 2000) weekly calculated from the time defendants unlawfully detained the vehicle on the 27th day of May 2024 to final judgment against the defendants jointly and severally. D. General Damages against the Defendants e. Cost including legal fees against the defendants. f. Any further orders) this court may deem fit to make
He stated that the aforementioned suit was necessitated by the fact that the Respondent breached an agreement (Uber driver agreement) dated the 27th day of January 2022 between himself, the Respondent and two other defendants. He stated that the R