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REPUBLIC V. BENJAMIN AWUKU MARTINSON EXPARTE SARAH MARTINSON

(2018) JELR 107903 (HC)

High Court  •  SUIT NO: CR/724/2017  •  9 Mar 2018  •  Ghana

Coram
JUSTICE KWEKU T. ACKAAH-BOAFO

Judgement

DECISION 

APPLICATION FOR COMMITTAL FOR CONTEMPT 

i. Introduction:  

[1] Contempt of Court is the mechanism which the law provides for the protection of  the authority of the court from improper interference. Contempt arises in many ways but  includes a breach of a court order, an attempt to obstruct the administration of justice, a  deliberate attack upon the integrity of a court or a judge that interferes with proceedings,  or some other form of conduct not foreseeable. Contempt of court is part of a court's inherent jurisdiction and, as it is not precisely prescribed or enacted, should be exercised  with scrupulous care and only when the circumstances are clear and beyond reasonable  doubt. 

[2] The power of the High Court to punish for contempt is provided 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) as amended; S10 of the Criminal Offences Act, 1960 (Act 29) and Order 50 of the High Court (Civil P…

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