THE REPUBLIC vs. UNIVERSITY OF GHANA AND 7 OTHERS

I have read the documents filed in this application by the Respondents/Applicants for leave to cross examine the deponent in the contempt application. I have also heard the submissions for and against the application by the lawyers for the parties. Under Order 38 rule 2(3) of C.I.47 upon which the application to cross examine the deponent to the contempt application is anchored, the court has discretion whether to grant it or not. Secondly, it is trite law that a deponent to an affidavit in support of an application under Order 20 of C.I.47 must be able to disclose his source of information. The deponent even need not be a party to the application. The requirements as to the contents of affidavit or the capacity of a deponent to swear to an affidavit under Order 20 of C.I.47 is applicable to all applications. Order 50 of C.I.47 which is on committal for contempt does not provide a different criterion as to who can depose to an affidavit in contempt proceedings. And if the ...