THE REPUBLIC V. COLLINS ANOKYE AND PRINCE MENSAH & 18 ORS , EX PARTE: ACHEAMFOUR GROUP LIMITED & 4 ORS

RULING

MENSAH-HOMIAH, JA

It is provided under Order 50 rule 3(3) of the High Court (Civil Procedure) Rules, 2004 (C.I.47) that:

“Without prejudice to the powers of the Court under Order 16 rule 7 no grounds except the grounds set out in the affidavit in support of the motion shall be relied upon at the hearing of an application for an order of committal.”

It is also provided under Order 16 rule 7(1) of C.I. 47 as follows:

“For the purpose of determining the real question in controversy between the parties or of correcting any defect or error in the proceedings, the Court may, at any stage of the proceedings either of its own motion or on the application of any party, order any document in the proceedings to be amended on such terms as to costs or otherwise as may be just and in such manner as it may direct.”

In practice, many practitioners, and indeed, courts, have interpreted the above rules to mean that, without leave of court, a party to a contempt application cannot file a supplementary…