REPUBLIC vs. JOSEPH AFUM FLEISCHER , EX-PARTE: DANIEL NII ADZETE ADZEI AND 2 ORS

JUDGMENT The Applicants on the 23rd December, 2021 filed a motion on notice for an order of committal for contempt of Court under Order 50 Rule 1 of the High Court (Civil Procedure) Rules 2004 C.I. 47. The said Order 50 Rule 1 of C.I. 47 provides; Committal for Contempt 1. (1) The power of the Court to punish for contempt of court may be exercised by an order of committal. (2) Committal proceedings shall be commenced by an application to the Court. However, Order 50 Rule 2 makes provision for committal without application and states that nothing in Rule 1 affects the power of the Court to make an order of its own motion against a person to show cause why the person should not be committed for contempt of Court. THE LAW ON CONTEMPT OF COURT. The jurisdiction of the High Court to commit for contempt of Court is derived from the Constitution of the Republic of Ghana, 1992. Article 126 clause 2 of the said Constitution states that the Superior Courts shall be superior courts...