THE REPUBLIC V. ISAAC B. SACKEY & 2 ORS, EX-PARTE, COMMERCIAL INVESTMENTS LTD
(2019) JELR 107406 (HC)
High Court
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CR/170/2018
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9 Apr 2019
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Ghana
Coram
M.C. ABODAKPI
Appearances
R. O. SOLOMON, ESQ. FOR APPLICANT ABSENT;
RAPHAEL ALIJINA, ESQ. FOR RESPONDENTS PRESENT.
Judgement
<p><br></p><p> BY COURT: RULING </p><p>A) BACKGROUND </p><p>(1) This motion was filed on 21/03/2018 and the respondents are: </p><p>ISAAC B. SACKEY </p><p>SAMUEL B. ALAVANYO and </p><p>EMMANUEL BORKETEY </p><p>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. </p><p>(2) On the other hand, the three respondents filed two affidavits, each in opposition. There are exhibits annexed. </p><p> </p><p>B) THE LEGAL FRAMEWORK AND ESSENTIAL ELEMENTS OF CONTEMPT </p><p>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. </p><p>In Osborn’s concise law Dictionary (by John Burke) it is defined as: </p><p>“Failure to comply with an order of a superior court,… or an act of resistance or insult to the cou…</p>