[2018]DLHC5448 • November 30, 2018 • High Court
THE REPUBLIC vs. KWAME DOSSE AND 2 OTHERS EX PARTE: BEN KOOMSON PAYIN
The Applicant, Ben Koomson Payin, as one of the Plaintiffs in Suit No. LD/0383/2018, alleged that despite an interlocutory judgment obtained on 3rd May 2018 restraining the 1st Defendant from demolishing the Plaintiffs' shop, the Respondents, assisted by police and land guards, willfully demolished the shop on 22nd September 2018 without allowing the Plaintiffs to salvage their belongings. The Applicant contended that the Respondents had knowledge of the interlocutory judgment but disregarded 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 b.....