[2018]DLHC4022 • April 26, 2018 • High Court
THE REPUBLIC vs. NAA KORKOI DUGBATEY II AND 8 OTHERS EX PARTE: NII TETTEH ARMEY II
The Applicant, Nii Tetteh Armey II, filed a writ of summons and a motion for interlocutory injunction against the 1st, 2nd, and 3rd Respondents to restrain them from renovating the Kwabenya Palace or performing funerals of departed ancestors without his consent as the Dzasetse and senior wife elders' concurrence. Despite the pending injunction motion, the Respondents proceeded with renovations and conducted funeral ceremonies, including the installation of chiefs, which the Applicant alleged was contemptuous conduct undermining the administration of justice. The Respondents denied willful disobedience, with some disputing service of the injunction motion and the Applicant's status as Dzasetse.
read morei. Introduction: [1] The Black’s Law Dictionary 8th Edition defines contempt as “conduct that defies the authority or dignity of a Court or legislature. Because such conduct interferes with the administration of justice, it is punishable, usually by fine or imprisonment.” The Oxford Advanced Learner’s Dictionary of Current English by A.S. Hornby (7th Edition) also defines contempt of court as “the crime of refusing to obey an order made by a court; not showing respect for a court or judge.” [2] The power of the High Court to punish for contempt is provided in S.10 of the Criminal Offences Act, 1960 (Act 29) and Articles 19(12) and 126 of the 1992 Republican Constitution of Ghana. [3] There is no codified legislation in Ghana that defines the act or omission that constitute the offence of contempt. It therefore stands to reason that Ghanaian courts resort to case law to resolve any issue regarding contempt when confronted with one. [4] The Supreme C...