THE REPUBLIC vs. IRENE SARPONG THOMPSON EX PARTE ISAAC NII MOI THOMPSON [2018]DLHC3450

Date	2018-11-05
Suit No.	SUIT NO. CR/514/18
Citation No.	[2018]DLHC3450

ERIC K. BAFFOUR ESQ.JUSTICE OF THE HIGH COURT

[2018]DLHC3450
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>IRENE SARPONG THOMPSON EX PARTE ISAAC
NII MOI THOMPSON<o:p></o:p>[HIGH COURT,
ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO.
CR/514/18&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;5TH
NOVEMBER, 2018<o:p></o:p>

</div>CORAM:<o:p></o:p>ERIC
K. BAFFOUR, ESQ.JUSTICE OF THE HIGH COURT<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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</div>This application emanates
out of a divorce suit filed by the Applicant. The marriage has been dissolved
but the embers of the smoldering fire of the marriage still lingers on and this
committal application is a testament to what replaces love when the love that
once made the couple inseparable birds flies out of a relationship. What
replaces love is nothing but deep hatred, bitterness, regret and mutual
animosity. What has precipitated this application can be found in a ruling
delivered by Her Ladyship, Hafisata Amelobeba on the 29th of May,
2018 wherein the Applicant had filed a motion for the Respondent to vacate the
matrimonial home as the property settled in her favour and located at Agbogba/Abla
Adjei in the Ga East District in the final judgment of the court delivered on
the 14th of November, 2017. An earlier inspection report found the
house not to have been completed and the Applicant proposed to offer an amount
of Gh¢30.000 to enable the Respondent complete the Agbogba property and move
out. The court ordered for the Applicant to pay Gh¢30.000 to the Respondent and
for the Respondent to move out of the property within one month, that is by 29th
of June, 2018. That amount was paid in court in court on the 29th of
May, 2018. <o:p></o:p><o:p>&nbsp;</o:p>To Applicant the Respondent
has flouted the orders of the court by failing to vacate the matrimonial home
by the 29th of June, 2018 as directed by the matrimonial court and
that the continuous stay of the Respondent after 29th of June, 2018
is a clear act of contempt for which he seeks that the court punish the
Respondent for her failure to comply with the orders of the court.<o:p></o:p>Respondent in an affidavit
in opposition filed on the 19th of July, 2018 has not only resisted
the application but contended that the present application is malicious and
brought out of bad faith to fulfill a vindictive passion of the Applicant.
Respondent claim that the failure on the part of the Applicant in fulfilling
his obligation under the judgment of the matrimonial court affected her ability
to find alternative accommodation as she had to lose her earlier arranged
accommodation she intended to rent and had to scout for a different
accommodation. And thinks that it was only fair that she be afforded ample
opportunity to find alternative accommodation. <o:p></o:p><o:p>&nbsp;</o:p>Respondent then&nbsp; proceeds in a way to attack the judgment of
my learned sister for being unjust and inequitable as there are two houses and
contend that at least one should have been settled in her favour and has
accordingly appealed against the decision of the court. And with her present
predicament of not finding alternative accommodation, she has little control on
when she finds that accommodation and believes her conduct of not finding
alternative accommodation is not wilful disobedience of the orders of the
court. <o:p></o:p><o:p>&nbsp;</o:p>I
quote in extenso verbatim what
contempt is from the decision of &nbsp;of the
Supreme Court in the case of REPUBLIC v
BANK OF GHANA; EX PARTE BENJAMIN DUFFOUR, J4/34/2018, dated 06/06/2018 as:<o:p></o:p><o:p>&nbsp;</o:p>“The offence of
contempt of court is quasi-criminal in that it is a civil wrong with criminal
consequences. Its purport is to protect the dignity of the courts and the
integrity of the administration of justice. Contempt of court is thus
constituted by any act or conduct that tends to undermine the authority of the
court, see: Republic v Osei Bonsu II
Mamponghene and Ors; Ex parte Amadie and Buor [2007-2008] SCGLR at 566.
These include conduct that is calculated to erode confidence in the law and the
courts, see: per Bamford Addo JSC in Republic
v. Mensah-Bonsu [1995-96] 1 GLR 377.<o:p></o:p>The impugned conduct is
often disregard of the judgment or orders of court. While contempt happens when
during, or following the pendency of a matter before the court, a person scorns
the orders of a court or disregards such pendency, the offence is against the
court itself, for it brings its authority, and the administration of the law
into disrespect, or disregard” per Baffoe Bonnie JSC.<o:p></o:p>&nbsp;<o:p></o:p>Without
more I adopt the above as my words as it aptly captures my appreciation of what
contempt is about. Contempt application being a quasi-criminal trial the
Applicant is under duty to prove its case beyond reasonable doubt. See IN RE EFFIDUASE STOOL AFFAIRS; REPUBLIC v.
ODURO NUMAPAU, PRESIDENT OF THE NATIONAL HOUSE OF CHIEFS &amp; OTHERS; EX
–PARTE AMEYAW II (NO.2),(1998-99) SCGLR 639 wherein the Supreme Court noted
on the standard as follows that:<o:p></o:p><o:p>&nbsp;</o:p>“Since contempt of
court is quasi criminal and the punishment for it might include a fine or imprisonment
the standard of proof required was proof beyond reasonable doubt. An applicant
must therefore first make out a prima facie case of contempt before the court
could consider the defence put up by the respondents”<o:p></o:p>