LEGAL PRINCIPLE: CIVIL PROCEDURE — Contempt of Court — Civil Contempt — Nature
PRINCIPLE STATEMENT
Civil contempt consists of disobedience to judgments, orders, or other processes of the court resulting in private injury, as distinct from criminal contempt which interferes with the administration of justice.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Hart v. Hart (1990) NLC-521983(SC) at pp. 11–12; Paras D–A.
"Contempt of court is either criminal or civil. It is criminal when it consists of interference with administration of law thus impeding and perverting the course of justice; it is civil when it consists of disobedience to the judgments, orders, or other processes of the court resulting or involving private injury. The contempt committed by the appellant is civil contempt."
EXPLANATION / SCOPE
Contempt of court is classified as criminal or civil. Criminal contempt interferes with the administration of justice (e.g., scandalising the court, disrupting proceedings). Civil contempt involves disobedience to court orders causing private injury. The distinction affects procedure and remedies. Civil contempt is primarily coercive, aimed at compelling compliance. Criminal contempt is punitive. The same act may constitute both. The classification determines whether the contempt is considered an offence against the state (criminal) or against the opposing party (civil). The principle helps courts apply the correct procedural framework. Civil contempt may lead to committal, but the purpose is enforcement, not punishment.
