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JUDGMENT
The Applicant by a motion on notice filed an application on the 4th day of May, 2020 for
an order to commit the Respondent to prison for Contempt of court pursuant to Order
50 rule 1, 2, 3 of C.I 47.
For the avoidance of doubt, Order 50 rule 1, 2 and 3 of C.I 47 states:
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.
(3) The application shall be supported by an affidavit stating
inter alia the grounds of the application.
See alsoSection 36(1) of ACT 459, (1993)
It is the case of the Applicant that he was the Applicant in Suit No. E12/047/26 per
Exhibit ‘A’.According to the Applicant, the Respondent published the Writ of Summons
and the Statement of Claim in Suit No. A5/202020 on his facebookpost and also
prejudicially commented on the said suit, for which reason the Respondent was cited
for contempt in Suit No. E12/047/20.
The Applicant contends that at the hearing of the contempt application in Suit No.
12/047/20, Counsel for the Respondent B.B. Simpson who had not filed an affidavit in
opposition, appealed to him and his Counsel to discontinue the hearing of the motion
because the Respondent was prepared to apologize to him and the court, for the
publication on his facebook post. This was as after the Counsel for the Respondent has
advised him of the implications of the contemptuous publication on his facebook.
The Applicant further contends that he and his Lawyer agreed to the plea to allow the
Respondent to apologize to the court and the Applicant, whereupon the court ordered
the Respondent herein to pull the contemptuous publication and to also apologize to
the court and the Respondent per Exhibit B.
According to the applicant, a post on the facebook post of the Respondentafter the court
sittings in Winneba on 29th April 2020 the Respondent herein purporting to comply with
the court orders made a post per Exhibit C and thus;
“ Since it’s apology he needs , let’s give it to him, Effutu
deserves better”
The Applicant avers that by the said publication, the Respondent herein does not
appear to have adequately purged himself of his contemptuous publication in suit No.
E12/047/20.The Applicant avers that the publication per exhibit C is as though it was the
Applicant who demanded the apology from the Respondent for his contemptuous
publication in Suit No. E12/047/20.
The Applicant further