[2016]DLHC3510 • July 13, 2016 • High Court
NOWFIL S. LABA vs. WISSAN AID LABA AND LATEX FORM RUBBER PRODUCTS LIMITED EX-PARTE: EX PARTE NOWFILL LABA
The applicant, Nowfill S. Laba, filed a third application for committal for contempt against five respondents alleging violation of a court order. The respondents challenged the application on two preliminary legal points: the irregularity of the supporting affidavit and the necessity of entry of the court order before enforcement by contempt proceedings.
read moreThe third in the trilogy of applications for committal for contempt has been bedevilled with two weightier preliminary legal points of law by Sory, Esq. The net effect of the two legal objections raised is for the action of Nowfill Laba citing the five respondents for contempt to be dismissed in limini without even the benefit of hearing the substantive submissions for the committal proceedings. The first ground of the legal objection is that the application for contempt is incompetent in so far as the affidavit in support of the contempt application is irregular. Counsel contends that the contempt application launched under Order 50 of the High Court (Civil procedure) Rules, C. I 47 is not an interlocutory application but a substantive one and as long as it is a substantive application, the deponent of such an application must be the applicant who may depose to matters within his personal knowledge, information and belief. This he contends that rule 8 of Order 20 of C.I 47 does not ...