THE REPUBLIC VS DR. ZAKPALA DERY EMMANUEL EX PARTE; 1. KOFI BOAKYE 2. GAUSU RASHEED
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOYCE BOAHEN
Areas of Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Applicants filed an application on 24th November, 2023, seeking to commit the Respondent to prison for contempt of Court. They alleged that the Respondent disobeyed a Circuit Court order from 21st June, 2017, by clearing disputed land for cultivation. The Court found that the Applicants failed to provide sufficient evidence proving the Respondent's willful disobedience beyond a reasonable doubt and dismissed the application. The Court also noted that any procedural irregularities in the Applicants' filing process were waived by the Respondent’s fresh steps taken after identifying these irregularities. Cost of GH₵ 10,000.00 awarded to the Respondent.
APPLICABLE LAW
Order 50 rule 1 of the High Court (Civil Procedure) Rules, 2004 (C. I 47) states as follows; 1(1) The power of the Court to punish for contempt of Court may be exercised by an order of committal(2) Committal proceedings shall be commenced by an application to the Court.
In the case of the Republic vs. Sito 1, Ex Parte Fodjour [2001 – 2002] Supreme Court of Ghana Law Reports (SCGLR) 322, the Court held that; The essential elements for the offence of contempt of Court are; 1. There must be a judgment or order requiring the contemnor to do or abstain from doing something; 2. It must be shown that the contemnor knows what precisely he is expected to do or abstain from doing; 3. It must be shown that he failed to comply with the terms of judgment or order and that his disobedience is willful.
Alridge, Eady and Smith on Contempt, Sweet and Maxwell @ Page 19, states as follows; “Nothing is more incumbent upon courts of justice, than to preserve their proceedings from being misrepresented; nor is there anything of more pernicious consequence, than to prejudice the minds of the public against persons concerned as parties in causes, before the cause is finally heard. …There cannot be anything of greater consequence, than to keep the streams of justice clear and pure, that parties may proceed with safety both to themselves and to their characters. ”INTRODUCTION On 24th November, 2023 the Applicants filed the present application praying the Court to commit the Respondent herein to prison for contempt.
The grounds for the application are that the Respondent exhibited conduct intentionally calculated to undermine the administration of justice by deliberately disobeying the orders of the Circuit Court Dormaa Ahenkro dated 21st June, 2017. That the Respondent by disobeying the Court order intentionally and maliciously undermined the administration of justice by bringing it to disrepute.
That the conduct of the Respondent is prejudicial to the administration of justice.
The Applicant attached the order complained of which states as follows; ”UPON READING the affidavit of Dr. Zakpala Emmanuel of Dormaa Ahenkro, the Plaintiff Applicant herein filed on 30th November, 20