THE REPUBLIC V. DR. (MRS) MAXWELL APEAGYEI-GYAMFI AND 2 OTHERS EX PARTE: SUSAN BANDOH
(2018) JELR 65997 (HC)
High Court
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SUIT NO: CR/157/2017
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5 Feb 2018
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Ghana
Coram
KWEKU T. ACKAAH-BOAFO JUSTICE OF THE HIGH COURT
Appearances
JACOB NOYE HOLDS L.S.N. AKWETEY’S BRIEF FOR THE APPLICANT ,YAW OPPONG FOR THE 1ST RESPONDENT ,ANTHONY BOATENG WITH CYNTHIA TAGOE FOR THE 2ND RESPONDENT,MR. CHARLES BENTUM WITH MAVIS KWAINOO FOR THE 3RD RESPONDENT
Judgement
<p>DECISION</p><p>APPLICATION FOR COMMITTAL FOR CONTEMPT</p><p>i. Introduction:</p><p>[1] The denial of liberty of any citizen of our Republic resulting from the charge of contempt is effected in accordance with the principles of fundamental justice. Even though there is no specific law on contempt in Ghana[1], the absence of codification of the law of contempt in Ghana does not in itself violate the principle that there must not be crime or punishment except in accordance with fixed or pre‐determined law. This is because the charge of Contempt of Court in Ghana rests in the concept of the public defiance that accompanies the charge of contempt. To establish contempt in Ghana the Applicant must prove beyond a reasonable doubt that the accused defied or disobeyed a court order, with intent, knowledge or recklessness as to the fact that the public disobedience will tend to depreciate the authority of the court.</p><p>[2]. As previously stated by this Court[2] ‘contempt of court is the big stick of civil litigation an…</p>