[1999]DLCA472 • May 20, 1999 • Court of Appeal
REPUBLIC vs. HIGH COURT, TEMA; EX PARTE KOFI
The applicant was found guilty of contempt by the High Court, Tema, for disobeying an interim order in a pending civil suit. The court sentenced the applicant to a fine or imprisonment in default and awarded costs against him. The applicant appealed the contempt finding and sentence and sought a stay of execution pending appeal, which was denied by the trial court.
read moreJUDGMENT OF WOOD JA The parties in these proceedings are the parties in a suit pending before the High Court, Tema presided over by Felicity Amoah J. On 22 January 1999 she found the applicant “guilty” of contempt for having disobeyed an interim order made in the course of the pending civil cause. She made the following pronouncement with regard to “sentence”: “I find the respondent guilty and for his contemptuous act he is sentenced to a fine of ¢3 million or in default three months imprisonment. ¢2 million of the fine when paid should be given to the applicant as compensation. The respondent is to pay the fine within ten days. He is therefore admitted to bail in the sum of ¢3 million with one surety to be justified. I award costs of ¢200,000 against the respondent.” Within four days of the order, the applicant, in the exercise of his legitimate rights, has appealed against the ruling, ie the finding that he was in contempt of court and the sentence. He quickl...