THE REPUBLIC VS KOBINA EBO & ORS
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE JOHN-MARK NUKU ALIFO “J”
Areas of Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court found Respondents guilty of willfully continuing development on disputed land despite court injunction, establishing their contempt. The standard of proof for contempt was beyond reasonable doubt. The court imposed fines and required Respondents to sign a bond of good behavior.
INTRODUCTION:
The Applicant, Abusuapanyin Kow Kwaasah of Koful in the K. E. E. A Municipality has brought this contempt application to vindicate the due administration of justice.
He accuses the Respondents of breaking the law by willfully engaging in conduct intended to obstruct or interfere in the due administration of justice and thereby bringing same into disrepute.
The Applicant argues that the conduct of the Respondents is not only disrespectful to the Court but that same is a calculated attempt to undermine the authority of the Court.
Although contempt of Court has not been specifically enacted, it nevertheless forms part of their inherent jurisdiction for the protection of the integrity and authority of the Courts from improper interference in the due administration of justice.
In the case of Republic Vrs. Mensa-Bonsu & Ors [1994-95] 1GBR 131-281 SC, the Supreme opined that “there are two kinds of contempt; criminal contempt which consists in acts tending to obstruct or interfere with the due administration of justice; and civil contempt, which consists in disobedience to the judgments, orders or other processes of the Superior Courts of record.
Criminal contempt takes various forms, and it may be committed before the actual hearing of a case, or while it is pending in Court or when the hearing is concluded. ”The power of the High Court to punish for contempt is provided in Articles 19 (12)and 126 of the 1992 Republican Constitution of Ghana, and re-enacted in Section 36 of the Courts Act, 1993 (Act 459) as amended; Section 10 of the Criminal Offences Act, 1960 (Act 29) as amended and Order 50 of the High Court (Civil Procedure) Rules, 2004 (CI 47). Order 50 of CI 47 sets the parameters by which an Applicant may move the Court for an order for an attachment for contempt of court.
This was emphasized by the Supreme Court in the case of Republic Vrs. High Court(Land Division) Accra & Others; Ex-Parte Kennedy Agyapong, Susan Bandoh(Interested Party), Suit No. J5/62/2020 delivered 20 October, 2020 (Unreported). , where it was held that “From our reading of Article 126 of the 1992 Constitution, it is clear that all Superior Courts are vested with jurisdiction to commit for contempt to themselves.
Needless to say, the High Court, however differently constituted and/or designated, being a Superior Court, has the power to commit for contempt to itself. ”As stated early on, no codified legislation in Ghana defines the act or omission that constitu