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JUDGMENT
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 26th day of November 2024, the Applicant herein, prays the Court to commit the Respondent herein, for contempt of Court. The basis of the prayer is set out in the affidavit in support of the originating motion filed on the 26th of November 2024, the supplementary affidavit filed on the 13th day of January 2025 and the further supplementary affidavit in support filed on the 7th of March 2025.
The application and the supplementary affidavits were served on the Respondent through substituted service as per the orders of the court as personal service was not possible. The written submissions filed on the 18th of March 2025 was also served on the Respondent via substituted service.
THE CASE OF THE APPLICANT
According to the applicant, the Respondent instituted a matrimonial suit in the District Court La entitled Suit No. G/LA/DG/A4/95/23 titled Melody Galenor v. Collins Adu Boahen. He deposed that there is a three (3) year old child by name Chereen Obasima Adu Boahene between him and the Respondent. He states that sometime around August 2022, the Respondent, without any notice to him, left the matrimonial home to an unknown place, together with the child and failed to show him where she lived. As a result the only place he could see or have access to the child was when she attended school. He added that in the course of the suit at the District Court, he got to know that the child was living with the Respondent's alleged Auntie by name, Auntie Becky, under the Respondent's instructions. He said that when the Respondent realized that he had gotten to know where the child lived and knowing that the school was the only place he could see the child, the Respondent arbitrarily withdrew the child from the school she attended and proceeded to make the child stay at home from 21st May 2024 till the end of the last academic term.
He deposed that he accordingly applied to the court for an interlocutory order of custody for the child and reasonable access to the Respondent. The District Court upon hearing the application proceeded to make the following orders on the 7th of October 2024 "*...