Order 63 — Committal for Contempt of Court

(1) The power of the Court to punish for contempt of court may be exercised by an order of committal.

(2) An order of committal may be made by the Court where contempt of court:
(a) is committed in connection with any proceedings before the Court; or
(b) is committed in the face of the Court, or consists of disobedience to an order of the Court or a breach of an undertaking to the Court.

(1) An application for an order of committal may be made to the Court by any of the parties in an action before the Court by motion on notice, which shall be:
(a) supported by an affidavit and shall state the grounds of the application;
(b) accompanied with a copy of the judgment or order or direction of the Court which is the subject of the contempt proceedings;
(c) with a Written Address giving sufficient and compelling reasons for necessitating the contempt proceedings.

(2) The motion on notice, affidavit and grounds shall be served personally on the person or on counsel to the person or on any principal officer of the body sought to be committed but the Court may dispense with personal service where the justice of the case so demands.

Nothing in the foregoing provisions of this Order shall be taken as affecting the power of the Court to make an order of committal of its own motion against a person guilty of contempt of court.

(1) Where the Court makes an order and the party affected by the order refuses, neglects or fails to obey the order, injunction or directive of the Court, the Court may on application issue an order of committal for contempt.

(2) Where the Court orders committal for contempt, the Court may issue a summons requesting the contemnor to appear before it to show cause why the contemnor should not be committed to prison for the contemnor’s act of disobedience to the order of the Court.

(1) Upon receipt of the summons, the party charged for contempt shall appear before the Court, be sworn on oath and state the party’s defence or may surrender to the charge as contained in the summons.

(2) On hearing the defence of the contemnor, either orally or by counsel, the Court may give its decision or adjourn for judgment to be delivered at a later date.

(3) Where the Court adjourns for judgment, the Court may make an order as to whether the contemnor shall be kept in custody pending the final determination of the matter.

Where the contemnor is not a natural person, the Court or the applicant shall seek leave of the Court to proceed against any of the principal officers of the contemnor, or against the Chief Executive Officer, Managing Director, the Company Secretary or any other responsible and highly placed officer of the contemnor.

(1) Subject to sub-rule (2) of this rule, the Court hearing an application for an order of committal may sit in private where it appears to the Court that in the interest of justice or for reason(s) of state security the application should be heard in private; but except as aforesaid, the application shall be heard in open court.

(2) Where the Court hearing an application in private by virtue of sub-rule (1) decides to make an order of committal against the contemnor, it shall in open court state:
(a) the name and position of the contemnor;
(b) in general terms the nature of the contempt committed; and
(c) the length of sentence imposed.

(3) Except with the leave of the Court on the hearing of an application for an order of committal, no new grounds shall be relied upon at the hearing except the grounds set out in the statement under rule 2 of this Order.

(4) The contemnor may give oral evidence at the hearing of the application.

The foregoing provisions are without prejudice to the powers of the Court to commit for contempt in the face of the Court.

(1) The Court by which an order of committal is made may by order direct that the execution of the order of committal shall be suspended for such period or on such terms or conditions as it may specify.

(2) Where execution of an order of committal is suspended by an order under sub-rule (1) of this Rule, the Sheriff shall, unless the Court otherwise directs, serve on the contemnor a notice informing the contemnor of the making of the order and the terms thereof under that sub-rule.

(1) The Court may on the application of any person committed to prison for any contempt of court discharge such a person.

(2) Where a person has been committed for failing to comply with a judgment or order requiring the person to deliver up anything to some other person or to deposit it in Court or elsewhere, and a writ of sequestration has also been issued to enforce that judgment or order, then if the thing is in the custody or power of the person committed, the Sheriff may take possession of it as if it were the property of the person and without prejudice to the generality of sub-rule (1) of this rule, the Court may discharge the person committed and may give such directions for dealing with the thing taken by the Sheriff as it thinks fit.

Nothing in the foregoing provision of this Order shall be taken as affecting the power of the Court to make an order requiring a person guilty of contempt of court, or a person punishable by virtue of any enactment in like manner as if the person had been guilty of contempt of Court to pay a fine or to give security for the person’s good behavior, and those provisions, so far as applicable, and with necessary modifications, shall apply in relation to an application for such an order as they apply in relation to an application for an order of committal.