judy.legal
Login Register
đź“„ PDF

THE REPUBLIC V. ROGER EDWARD GILLMAN AND ANOTHER

(2017) JELR 65595 (HC)

High Court  •  SUIT NO. CR 250/2017  •  11 Jul 2017  •  Ghana

Coram
ERIC K. BAFFOUR ESQ. JUSTICE OF THE HIGH COURT

Appearances
CECIL ADESIH ESQ. FOR A. A. SAMOAH ASAMOAH ESQ FOR APPLICANT PRESENT,MAXWELL LOGAN ESQ. FOR RESPONDENT PRESENT

Judgement

BAFFOUR, J.

The authority of the court to ensure that its orders are not disrespected or ignored is at the heart of court of contempt applications. As noted by Atuguba JSC IN RE KWABENG STOOL, REPUBLIC v. BROWN; EX PARTE KARIKARI [2005-2006] SCGLR 35@41 and relying on the English authority of JENNISON v. BAKER [1972] 1AELR 997 @1005-1006 CA that:

“if the orders of the court can deliberately be set at naught by a litigant employing for her own personal advantage such means as were here resorted to and if indeed it be the case that she has to go unpunished for her contumacy, justice vanishes from the horizon and the law is brought into disrepute... in the memorable words of his honour Judge Curtis –Raleigh:” the law should not be seen to sit by limply while those who defy it go free and those who seek its protection lose hope”.

The Applicant has mounted this application under Order 55 of the High Court (Civil Procedure) Rules, C. I. 47 seeking an order of committal for contempt against the…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login