Republic Vrs Bank Of Ghana and Others; Ex Parte: Duffour [2018] GHASC 37 (6 June 2018)

Republic Vrs Bank Of Ghana and Others; Ex Parte: Duffour [2018] GHASC 37 (6 June 2018)

The respondents were in contempt of court by summarily dismissing the appellant for reasons connected to the pending suit, in willful disregard of the High Court's order restraining disciplinary action related to his refusal to relocate. However, the respondents were not in contempt for ejecting the appellant from his residence, as no court order restrained them from doing so. The punishment of caution and discharge was adequate, as the purpose of contempt proceedings is to protect the dignity of the court, not to provide personal satisfaction to the appellant.

Citation
[2018] GHASC 37
Parties
Applicant/appellant/appellant: Benjamin Duffour; Respondent/respondent/respondent: Bank of Ghana; Respondent/respondent/respondent: The Governor (Bank of Ghana); Respondent/respondent/respondent: Mr. Simon P. Kyei; Respondent/respondent/respondent: Mr. Yaw Afrifa Mensah; Respondent/respondent/respondent: Salifu M. Abukari; Respondent/respondent/respondent: Mrs. Caroline Otoo
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
6 June 2018
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal and Cross Appeal
Outcome
Both the appeal and cross-appeal are dismissed. The finding of contempt for summary dismissal is upheld; the finding of contempt for ejection is overturned; the punishment is not enhanced.
Legal Topics
Contempt of Court, Wrongful Dismissal, Injunctions, Employment Termination, Judicial Authority
Source Language
English
Employment Law Civil Procedure Contempt of Court Wrongful Dismissal Injunctions Employment Termination Judicial Authority

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Parties

Benjamin Duffour

Applicant/appellant/appellant

Bank of Ghana

Respondent/respondent/respondent

The Governor (Bank of Ghana)

Respondent/respondent/respondent

Mr. Simon P. Kyei

Respondent/respondent/respondent

Mr. Yaw Afrifa Mensah

Respondent/respondent/respondent

Salifu M. Abukari

Respondent/respondent/respondent

Mrs. Caroline Otoo

Respondent/respondent/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the respondents were in contempt of court by summarily dismissing the appellant during pending proceedings
  2. 2 Whether the respondents were in contempt of court by ejecting the appellant from his official residence during pending proceedings
  3. 3 Whether the punishment for contempt was adequate

Ratio Decidendi

The respondents were in contempt of court by summarily dismissing the appellant for reasons connected to the pending suit, in willful disregard of the High Court's order restraining disciplinary action related to his refusal to relocate. However, the respondents were not in contempt for ejecting the appellant from his residence, as no court order restrained them from doing so. The punishment of caution and discharge was adequate, as the purpose of contempt proceedings is to protect the dignity of the court, not to provide personal satisfaction to the appellant.

Court Disposition

Both the appeal and cross-appeal are dismissed. The finding of contempt for summary dismissal is upheld; the finding of contempt for ejection is overturned; the punishment is not enhanced.

Orders

  • Respondents found in contempt for summary dismissal of appellant.
  • Respondents not found in contempt for ejecting appellant from residence.