[2019]DLHC12032 • April 10, 2019 • High Court
AMOAH BOAMPONG vs. AARON OTENG AND THE REPUBLIC Vs. AARON OTENG , EX PARTE AMOAH BOAMPONG
JUDGMENT In the case of the Republic vs High Court, Accra; Ex Parte Leayea Mensah (1998 – 1999) SCGLR 360 at 368 Bamford Addo JSC stated as follows; “By definition, a person commits contempt and may be committed to prison for willfully disobeying an order of a Court requiring him to do any act other than the payment of money or to abstain from doing some act and the order sought to be enforced should be unambiguous and must be clearly understood by the parties concerned. The reason is that a Court will only punish as contempt, a willful breach of a clear Court order requiring obedience to its performance. Therefore, disobedience which is found not to be willful cannot be punished.” The underlying principle for bringing an application for committal for contempt in sum is that the contemnor or the Respondent has intentionally and willfully disobeyed an order of the Court. This application before the Court for committal is very interesting. It all started when on the 1...