THE REPUBLIC vs. JOSEPH NII MENSAH ASHONG EX PARTE: JONES QUAIN

The applicant, Jones Quain, brought contempt proceedings against the respondent, Joseph Nii Mensah Ashong, alleging that after a prior High Court judgment in Suit No. BL 98/2005 had declared Quain’s title superior, restrained the defendants from further acts on the land, ordered ejectment, and directed demolition/removal of structures, the respondent re-entered the land with the assistance of a police officer, locked the gates, took away the keys, and prevented the applicant’s workers from continuing work. The respondent denied contempt, contending that he was not a party to the earlier suit, derived title from a different grantor, was never served with the judgment or any penal notice, and that the applicant had wrongfully caused demolition of his buildings under the guise of executing a judgment against other persons. Portion of judgment: paras. 13-19.

Introduction: [1] The Applicant has brought this application to vindicate the law and its sanctions. He accuses the Respondent of breaking the law by disrespecting a judgment of the court, thereby bringing the administration of justice into disrepute. [2] 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.” [3] 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. [4] There is no codified legislation in Ghana that defines th...