CONTEMPT OF COURT – PART 1

DEFINITION:

1.                  Any conduct that tends to bring the authority & the administration of the law into disrespect or disregard, or to interfere with or prejudice parties, litigants, their witness during the litigation .
2.                  R v Gray [1900] , Lord Rusell CJ : Any act done or writing published calculated to bring a Court or a judge of the Court into contempt, or to lower his authority, is a contempt of Court.

Jurisdiction to punish for contempt

1.                  Article 126 Federal Constitution: Federal Court/ Court of Appeal/ High Court shall have power to punish any contempt of itself.
2.                  S. 13 Courts of Judicature Act, 1964 : Federal Court/ Court of Appeal/ High Court shall have power to punish any contempt of itself.
3.                  S.99A, 3rd Schedule Subordinate Courts Act 1948, Item 26

Types of contempt

1.                  Contempt in the face of the court
                   i)            Misbehaviour / improper conduct/ acting without decorum
                 ii)            Obstructing the proper conduct of litigation
2.         Scandalising the court/Judiciary
3.         Sub-judice comment (comments on pending proceedings)

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