[2018]DLHC4021 • November 30, 2018 • High Court
THE REPUBLIC vs. KWAME DOSSE, OKAIKOI NORTH MUNICIPAL ASSEMBLY AND BOYE LARYEA, MUNICIPAL C.E.O EXPARTE: BEN KOOMSON PAYIN
The Applicant, one of the Plaintiffs in Suit No. LD/0383/2018, alleged that despite an interlocutory judgment restraining demolition of their shop, the Respondents, assisted by police and land guards, demolished the shop without notice or opportunity to salvage belongings. The Applicant contended that the Respondents had knowledge of the court order but willfully disobeyed it, constituting contempt of court.
read moreAPPLICATION FOR COMMITTAL FOR CONTEMPT i. Introduction: [1] The denial of liberty of any citizen of our Republic resulting from a charge of contempt is effected in accordance with the principles of fundamental justice. Even though there is no specific law on contempt in Ghana , the absence of codification of the law of contempt in Ghana does not in itself violate the principle that there must not be crime or punishment except in accordance with fixed or pre determined law. This is because the charge of contempt of court in Ghana rests in the concept of the public defiance that accompanies the charge of contempt. To establish contempt in Ghana the Applicant must prove beyond a reasonable doubt that the accused defied or disobeyed a court order, with intent, knowledge or recklessness as to the fact that the public disobedience will tend to depreciate the authority of the court. [2]. As previously stated by this Court ‘contempt of court is the big stick of civil litigation and bec.....