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THE REPUBLIC v. ISAAC B. SACKEY & 2 Ors, EX-PARTE, COMMERCIAL INVESTMENTS LTD

(2019) JELR 107406 (HC)

High Court  •  CR/170/2018  •  9 Apr 2019  •  Ghana

Coram
M.C. ABODAKPI

Judgement


BY COURT: RULING

A) BACKGROUND

(1) This motion was filed on 21/03/2018 and the respondents are:

ISAAC B. SACKEY

SAMUEL B. ALAVANYO and

EMMANUEL BORKETEY

The applicant – ‘Kelli – Cross Kuagbenu Sachiel’ in an affidavit in support described himself as C.E.O. of the applicant/company. The complaints or grievances that provoked this action are about, acts and conducts carried out in contravention of a Court order. There is also a supplementary affidavit in support, with annexure.

(2) On the other hand, the three respondents filed two affidavits, each in opposition. There are exhibits annexed.

B) THE LEGAL FRAMEWORK AND ESSENTIAL ELEMENTS OF CONTEMPT

Contempt of Court has been differently defined by many authors and jurists and it appears the peculiar facts of each case explains what in law will constitute contempt.

In Osborn’s concise law Dictionary (by John Burke) it is defined as:

“Failure to comply with an order of a superior court,… or an act of resistance or insult to the co…

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