[2023]DLHC16915 • February 2, 2023 • High Court
THE REPUBLIC vs. ASAFOATSE TETTEH HUADJI VI AND SUPT ERNEST ACHEAMPONG RESPONDENT EX PARTE: ASAFOATSE AGYEMAN OKOFOROBOUR IV, NENE AZIZAH III AND NENE TEYE NARH-GBEEKU
Applicants alleged that the Respondents willfully disobeyed an interlocutory injunction granted by the High Court, Tema, restraining trespass on ancestral lands pending final determination. Despite notice of the order, the 2nd Respondent allegedly led armed police to demolish part of the Applicants' house, assaulted Applicants and family members, stole property including cash and batteries, and detained them under inhumane conditions. Respondents denied knowledge of the order and all allegations, asserting lawful police action to arrest suspects based on complaints.
read moreJUDGMENT INTRODUCTION The matter before the Court is a motion on notice for an Order of Committal for Contempt of Court, filed at the Registry of this Court on 21st January 2022, pursuant to Order 50 Rule 1 of the High Court [Civil Procedure] Rules, (2004) CI 47. In the case of the Republic v. Mensa-Bonsu & Others; Ex Parte Attorney- General [1995-96] 1 GLR 377@403, the learned Adade JSC (as he then was) stated as follows: “There are different forms of contempt. Underlying all of them, however, is one basic notion, that the roadways and highways of public justice should at all times be free from obstruction. Conduct which tends to create such an obstruction constitutes contempt. Thus, interfering with witnesses or jurors; frightening off parties to litigation; refusing to answer questions in court; commenting on pending proceedings in such a manner as to prejudice the outcome; running down the courts and the judges; refusing to obey an order of a court; any of these, if cal.....