[2020]DLHC9254 • May 14, 2020 • High Court
THE REPUBLIC vs. EBUSUAPANYIN KWAMINA BOSUMAKORA, EMMANUEL ARTHUR A.K.A SOFO ATTA, MATHEW ASSIFUAH A.K.A KWEKU BENYAH AND FRANCIS OWU EXPARTE: EKOW WOHO ADWOO
The applicant commenced civil proceedings against the 1st respondent and another party, obtaining an interlocutory injunction order from the Sekondi High Court restraining the respondents from electing or appointing a head of family, chief, or queenmother. Despite the injunction, the respondents held meetings and proceeded to elect and install a new head of family and chief, allegedly in wilful disobedience of the court order. The applicant's lawyer notified the respondents of the injunction, but the respondents continued their actions.
read moreRULING ON APPLICATION FOR COMMITTALFOR CONTEMPT The power of the High Court to punish for contempt is provided for in Articles 19(12) and 126 of the 1992 Republican Constitution of Ghana, and re-enacted in S 36 of the Courts Act, 1993 (Act 459); S10 of the Criminal Offences Act, 1960 (Act 29) and Order 50 of the High Court (Civil Procedure) Rules, 2004 (CI 47). Order 50 of CI 47 sets the parameters by which an applicant may move the court for an order for an attachment for contempt of court. It is pertinent to observe that Article 19 Clause 11of the 1992 Constitution provides and emphasizes that no person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law. However, the same Constitution, Article 19(12) empowers the court to punish for contempt notwithstanding that the act or omission constituting it is not defined in a written law and the penalty thereof not so prescribed. By reason that the act or omis...