THE REPUBLIC vs NII KOJO BUABENG II

In this contempt application before the High Court of Ghana, His Lordship Emmanuel Amo Yartey (J) considered whether conduct by the Plaintiff/Respondent undermined the administration of justice in a pending land dispute. The Respondent had instituted the substantive action and sought an interlocutory injunction, while the Defendant/Applicant entered appearance and opposed. The Applicant alleged that despite the pendency of the injunction motion, the Respondent commenced construction of a residential structure on the disputed property, altering its nature and character. Exhibits showed fresh blocks and ongoing works; the Respondent denied responsibility. Citing Order 50, Section 36(1) of the Courts Act and Article 126(2), and treating contempt as quasi-criminal requiring proof beyond reasonable doubt, the Court inferred the Respondent was the developer and held the conduct interfered with justice. The Respondent was convicted of contempt and fined GH 20,000, in default two weeks imprisonment, payable by 4:00 pm.